Texas Property Division Calculator

Texas courts divide community property in a manner deemed "just and right" under Texas Family Code § 7.001, which does not require a 50/50 split. Judges consider factors from Murff v. Murff (1981), including fault, earning capacity, marriage length, and each spouse's health. A disproportionate award — such as 60/40 or 55/45 — is common when one spouse has significantly greater earning power or bore fault for the breakup.

Under Texas Family Code § 3.002, community property includes all assets acquired by either spouse during the marriage — wages, salaries, investment gains, real estate, and retirement contributions. It does not matter whose name is on the account or title. Separate property under § 3.001 includes pre-marriage assets, gifts, inheritances, and certain personal injury recoveries, but the claiming spouse must prove it by clear and convincing evidence.

Texas is one of 9 community property states, along with Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Washington, and Wisconsin. However, unlike strict 50/50 community property states, Texas courts divide property in a "just and right" manner under Family Code § 7.001, giving judges discretion to award unequal shares based on factors such as fault, earning disparity, and the needs of minor children.

Retirement contributions made during the marriage are community property under Texas Family Code § 7.003. Dividing a 401(k) or pension requires a Qualified Domestic Relations Order (QDRO) to transfer funds without triggering early withdrawal taxes or penalties. IRAs do not require a QDRO — they are divided by transfer incident to divorce. Pre-marriage contributions remain separate property, but the claiming spouse must trace them with financial records.

The Texas homestead receives constitutional protection under Article 16, § 50, which prevents forced sale except through an owelty of partition lien ordered by the divorce court. Common outcomes include one spouse buying out the other's equity, selling the home and splitting proceeds, or awarding exclusive use to the custodial parent until children reach 18. Neither spouse can sell the homestead without the other's joinder under Texas Family Code § 5.001.

Yes — inheritances are separate property under Texas Family Code § 3.001(2) regardless of when received during the marriage. However, you must prove separate ownership by clear and convincing evidence. If inherited funds were deposited into a joint account or used to purchase marital assets, they may be considered commingled and reclassified as community property. Keeping inherited assets in a separate account with clear records protects your claim.

Community debt — credit cards, mortgages, auto loans, and medical bills incurred during marriage — is divided under the same "just and right" standard as assets per Texas Family Code § 7.001. Courts may assign more debt to the higher-earning spouse. However, creditors are not bound by the divorce decree: if a loan is in both names, the lender can pursue either spouse for payment regardless of what the court orders.

Texas courts apply the Murff v. Murff (1981) factors: fault in the marriage breakdown (adultery, cruelty), each spouse's earning capacity and education level, length of the marriage, age and health of both parties, custody of minor children, size of separate estates, business opportunities, and whether one spouse wasted community assets. Under § 7.009, fraud on the community estate — such as hiding assets — can result in the wronged spouse receiving a larger share.