Property Division Attorney in Dallas, Texas
How is community property divided under Texas law?
How is community property divided under Texas law?
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00:04
the division of community property
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is not always what people think most
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people think that
00:10
50 that community property means 50 50
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and that’s not what it means
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it means that you each have an undivided
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100 interest in every asset or debt that
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is acquired
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during dependency of the marriage the
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manner in which the community property
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is going to be divided is going to be
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dependent on
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the size and different factors such as
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disparity in earning capacity you know
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did somebody have a drug or alcohol
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issue did somebody have a porn
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issue did somebody you know somebody was
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spending like there was no tomorrow
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someone had a shopping addiction i mean
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you know there it’s just a multitude of
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different things that can factor in
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that can give rise to things like waste
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claims or
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fraud claims uh you know you start
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seeing money being moved around
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uh with with other relatives or trying
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to take it off
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uh offshore and that’s where it really
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can become
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problematic so you’re gonna start with a
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presumption
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of 50 50 and then what the uh
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what is going on in the case is going to
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determine
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really kind of what the you know what
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the spread is
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so to speak and what the likelihood is
01:24
is going to be in that division
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Dallas, TX family law attorney Mark Scroggins explains how community property is divided under Texas law. He notes that the division of community property is often misunderstood. Most people assume “community property” automatically means a 50/50 split—but that’s not the case. In reality, each spouse holds an undivided 100% interest in every asset or debt acquired during the marriage.
How the property is ultimately divided depends on a variety of factors: differences in earning capacity, substance abuse issues, gambling or shopping addictions, or other behaviors that could be considered wasteful or fraudulent. This might include money being moved to relatives or even offshore accounts.
While the starting presumption is 50/50, the specifics of the case—financial behavior, contributions, and other complicating factors—will determine the actual division and the final “spread” between the spouses.
