Property Division in a Texas Divorce: What Counts as Community Property?
Dividing assets during a divorce can be one of the most complex and stressful parts of ending a marriage. In Texas, understanding what qualifies as community property versus separate property is essential to protecting your financial interests and ensuring a fair settlement. Knowing how the law works can make the process smoother and help you make informed decisions.
Community Property vs. Separate Property in Texas
Texas is a community property state, which means most assets acquired during the marriage are considered jointly owned by both spouses. This includes income, real estate, bank accounts, retirement benefits, and even business assets obtained while married.
Separate property, on the other hand, generally includes:
- Property owned by one spouse before the marriage
- Gifts or inheritances received by one spouse individually
- Property excluded by a valid prenuptial or postnuptial agreement
Determining whether property is community or separate can sometimes be complicated, especially if assets were commingled. An experienced community property lawyer in Texas can help identify which assets fall into each category and ensure they’re divided appropriately.
How Property Is Divided in a Texas Divorce
In a divorce, the court seeks a “just and right” division of community property, which does not always mean a 50/50 split. Factors that the court may consider include:
- The spouses’ earning capacity and income
- Contributions to property acquisition, including homemaking or child care
- The duration of the marriage
- Any misconduct that affects the estate (such as hiding or wasting assets)
- The needs of children involved in the marriage
Even though Texas law allows courts flexibility, spouses can often reach a divorce settlement agreement to divide property without litigation. Negotiating property division with a skilled attorney can save time, reduce stress, and protect your financial future.
Common Examples of Community Property
Some assets commonly considered community property in Texas include:
- Paychecks and bonuses earned during the marriage
- Bank accounts opened during the marriage
- Real estate purchased while married, even if titled in one spouse’s name
- Vehicles bought during the marriage
- Retirement accounts or pensions accrued during the marriage
Understanding which assets are considered community property helps you approach negotiations with realistic expectations.
Challenges in Property Division
Property division can become complicated when:
- Assets are commingled or difficult to trace
- One spouse owns a business or professional practice
- There are significant debts or liabilities involved
- Spouses disagree on the value of certain assets
Having a knowledgeable attorney like Matthew Gilbert can help ensure that all assets are accounted for, valued correctly, and divided fairly under Texas law.
Local Guidance for San Antonio and Boerne Residents
Property division laws apply across Texas, but local knowledge can be invaluable. Gilbert Law Office serves families throughout Bexar County and Kendall County, with offices conveniently located on Bandera Road in San Antonio and near the Dominion off I-10 in Boerne. Whether your assets include real estate, retirement accounts, or other valuable property, attorney Matthew Gilbert provides practical guidance to help you protect your interests and achieve a fair outcome.
Work With a Community Property Lawyer Who Understands Texas Law
Dividing property in a divorce doesn’t have to be overwhelming. Attorney Matthew Gilbert helps clients navigate complex asset division, identify community and separate property, and negotiate agreements that reflect their best interests. With experience in both San Antonio and Boerne, Gilbert Law Office provides knowledgeable and compassionate representation every step of the way.
Contact Gilbert Law Office today to speak with a community property lawyer in Texas and protect your financial future during a divorce.