Community Property in Texas: What is the “Just and Right” Standard?

Property division is one of the most important—and, often, contentious—issues in divorce cases. Texas is a community property standard. Courts use a “just and right” standard to split community property. At Lindamood & Robinson, P.C., we have extensive experience handling complex asset distribution cases. Here, our Houston property division lawyer provides a more detailed overview of the key things to know about the “just and right” standard for property division in a divorce in Texas.

Texas is a Community Property State 

Texas is a community property state. It has important implications for your divorce. Under the system, most property acquired by either spouse during the marriage is considered community property and, as a consequence, is owned equally by both spouses. Among other things, community property includes wages, salaries, and the things bought with those earnings. Separate property—which consists of assets acquired before the marriage—is not subject to division.

 Assets are Split in a Manner Deemed “Just and Right” 

Under Texas law (Tex. Fam. Code § 7.001), community property is divided “in a manner that the court deems just and right.” The standard requires the court to consider various factors to achieve an equitable distribution of marital assets. These factors can include:

• Each spouse’s earning capacity;
• The age and health of each spouse; and
• Fault in the divorce (in applicable).

Ultimately, the guiding principle of Texas law for property division is to reach a fair division that reflects the circumstances of both parties. Indeed, family law courts in Texas have significant discretion to determine what is “just and right.”

 A 50/50 Split of Community Property is Most Common in Texas 

While Texas law requires that the division of community property be equitable, it does not necessarily require an equal split. Community property is jointly owned by the spouse, but that property is not always going to be divided evenly. With that being said, a 50/50 split is most common for divorces in Texas. Indeed, courts will usually consider a 50/50 split as a starting point in divorce proceedings.

 A Disproportionate Split of Property is Possible if “Just and Right” 

Under certain circumstances, Texas courts can order a disproportionate split of community property if such an arrangement is considered “just and right.” Some of the most notable factors that may influence a decision for an uneven distribution of property include:

• Discrepancies in the spouses’ incomes;
• Disparities in health and future earning potential;
• Contributions by either spouse or marriage and family; and
• Fault in the marriage breakdown such as adultery or abuse.

 Get Help From Our Houston Property Division Attorney Today

At Lindamood & Robinson, P.C., our Houston divorce attorney has extensive experience helping clients navigate complex property division cases. If you have any questions or concerns about the just and right division of community property, we can help. Contact us today for your confidential consultation. With an office in Houston, we represent clients throughout the region.

Source:

statutes.capitol.texas.gov/Docs/FA/htm/FA.7.htm#7.006