Index
Just and Right Division of Marital Estate
Summary
Texas is a community property state, but in a divorce, the court divides the community estate of the parties in a "just and right" manner, which does not necessarily mean an equal 50/50 split.
Rights & Rules
- 01.The right to have marital property divided equitably by the court, considering factors such as fault in the breakup of the marriage, earning capacity, and benefits for children.
- 02.The right to claim separate property (acquired before marriage or by gift/inheritance) as exclusively your own.
Penalties
Verified Citations
Texas Family Code Section 7.001
Source"In a decree of divorce or annulment, the court shall order a division of the estate of the parties in a manner that the court deems just and right, having due regard for the rights of each party and any children of the marriage."