Houston, TX family law attorney Winnie Cheung explains how marital property is divided under Texas law. She mentions that in Texas, many people mistakenly believe that because it is a community property state, property must always be divided equally—50/50. However, that is not necessarily the case.

Under the Texas Family Code, marital property must be divided in a manner that is “just and right,” which does not always mean equal. When determining what is fair, the court may consider several factors, including the duration of the marriage, which parent has primary custody of the children, and the reasons for the divorce.

She emphasizes that because these factors can significantly affect the outcome, it is essential to consult with an experienced family law attorney who can help guide clients through the process and ensure their interests are properly represented.