Just and Right Standard of Property Division

Classification of Property Under Texas Law

In Texas, the law considers the property and income obtained during a marriage to be community property, meaning that it belongs equally to both spouses. This applies regardless of who earns the income or whose name is on the account or title. However, there are some exceptions to this general rule. For example, property received via inheritance, gifts, or a personal injury claim is considered separate property, as are assets acquired before the marriage. A party claiming that an asset is separate property must provide clear and convincing evidence to support their claim. Additionally, couples can define property as separate through prenuptial or postnuptial agreements.

The Just and Right Standard

In Texas, when a divorce is granted, the court must divide community property in a way that is just and right. The just and right standard of property division is not explicitly defined in the Texas Family Code, but the court will take into account the welfare of any children born of the marriage and the rights of each spouse. The courts have made it clear that a just and right division of property does not necessarily mean an equal division. Instead, courts may consider various factors such as the needs of any children involved, the custody arrangements, fault for the breakdown of the marriage, income and earning potential, and age and health of each spouse. If community debts exist, the court must also divide them in a just and right way, using similar factors to those considered in the division of assets.

Speak with an Experienced Divorce Attorney

Although Texas courts are required to distribute community property in a just and fair manner, parties often have differing opinions on what the standard entails. The attorneys at Wilson Whitaker Rynell are skilled at advocating for their clients in divorce matters and we will help you achieve a fair outcome. Our firm represents clients in divorce cases in various Texas cities, including Dallas, Austin, Houston, Fort Worth, and all cities within Dallas County, Tarrant County, Collin County, and Denton County.