Texas considers any assets acquired by a married couple to be community property, meaning both parties own it. However, that doesn’t necessarily mean couples will split marital assets equally when they get divorced.Texas law provides that the division of property is fair and equitable, according to what a judge considers to be “just and right.”
Factors determining a “just and right” split
Assets include wages, real estate, personal property, pensions, employee benefits and others. However, not everything spouses own is deemed community property. These can include items owned before the marriage, assets such as inheritance or gifts received by just one spouse and some personal injury awards. Texas courts apply the “just and right” rule by considering:
- Reasons for the divorce and who was at fault for the breakup
- Length of the marriage
- Who will have custody of children
- The difference in earning ability for each spouse
- The health of each spouse
- Prospects for future employment
- Need for future support
The Supreme Court of Texas allows courts to consider other factors, such as each spouse's abilities and capacities, potential benefits that the spouse not at fault would have received if the marriage had continued as well as education, business opportunities and the size of each estate.
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