Experienced Family Law Attorney

WorkingFor You

How is property split when going through a divorce in Texas?

When working through the divorce process, it is not uncommon for spouses to argue about assets. The goal, for most, is to walk away with at least 50% of the shared assets, but that does not happen in every case, despite Texas being a community property state. Several factors are taken into consideration when working toward a property division settlement, which will affect the final outcome.

What does community property mean? Do all couples have to abide by community property laws? Does a judge get the final say on the matter?

Community property is…

In the United States, some states utilize equitable distribution laws — which means spouses should walk away from the marriage with a fair share of assets. In a community property state like Texas, all marital assets are evenly divided between both parties. In other words, it should result in as close to a 50/50 split as possible.

“Shared” is the keyword when figuring out a property division settlement. Shared marital assets are subject to division, but separate property that has not been co-mingled with marital assets cannot be taken from its rightful owner — such as real estate or money earned before the marriage. Other assets deemed separate property and therefore excluded from asset division include:

  • Inheritances
  • Gifts
  • Civil judgments
  • Prized family possessions

Marital assets typically include money in shared bank accounts, shared debts, shared real estate and each party’s income during the marriage — among other things.

Do all couples have to abide by community property laws?

Pre or postnuptial agreements can affect the ultimate division of property. When these agreements are valid, the court typically upholds them, even if they are not in line with the state’s community property laws.

Is it up to a judge or me?

Divorcing couples reach property division agreements in one of two ways — either through negotiation or litigation. Most couples can work out settlements without having to set foot in a courtroom. Those who cannot end up in court and have to accept whatever the judge decides is equal.

You can achieve a fair settlement

Divorce is a challenging thing to go through. Wanting to walk away with a fair share of assets at the end of it all is understandable. Achieving a fair property division settlement can take time, but it is possible. With the right help, you can negotiate or litigate terms with which you feel satisfied.

Initial Consultation

Office Location

Law Offices of Keith E. Holloway
14255 Blanco Rd
San Antonio, TX 78216

Fax: 210-308-6939
Map & Directions


Keith has been very helpful with my divorce. He suggested a great mediator and did everything possible to answer all my questions, and guide me through this very difficult part of my life. I would highly recommend him!
– Vicktorya Dvorkin
Mr. Holloway gave me expedient and sage advice in a crutch situation. He always made himself available to me and returned calls promptly. I walked away with the impression that he actually cared. Thanks Keith.
– James B Lindberg
Great Attorney and all around great guy. Made my first legal experience hassle free. I highly recommend him and his great staff. Thanks Keith, Wish I could have given you 10 Stars!
– Diana Gonzalez Wright
FindLaw Network