Dallas, TX family law attorney Holly Draper explains how marital property is divided under Texas law. She points out that in Texas, community property is presumed to belong equally to both spouses, meaning both parties are considered to have equal ownership. Certain assets, however, are considered separate property. These include anything a spouse brought into the marriage, inherited assets, gifts, or certain personal injury awards. The burden of proving that property is separate rests on the spouse claiming it, which may require documenting account balances at the time of marriage or verifying inheritances and gifts received.

When dividing property, Texas law requires the distribution to be “just and right,” referring specifically to community property. While a 50-50 split is typical, the division can be adjusted slightly based on factors such as fault, the earning capacity of one spouse, or the size of separate estates. Dividing the estate 50-50 does not necessarily mean each asset or debt is split evenly; rather, the overall estate is considered as a whole. Assets are not all equal—retirement funds differ from home equity, investment accounts, or cash—so the approach often depends on a client’s priorities. Some clients may place high value on keeping the family home to provide stability for their children, others may prioritize retirement funds, and stay-at-home parents may value liquidity to maintain financial independence while they reestablish themselves. The goal is to structure the division in a way that meets the client’s specific needs and long-term priorities.