How is property divided in a divorce?

In Texas, property division during a divorce is determined by analyzing the type of property involved and how it is titled or acquired. Separate property is not subject to division, meaning it is not split between the two parties. Separate property typically includes property owned by a party prior to marriage, a gift or inheritance given to a single party, or an award from a lawsuit. Conversely, community property is divided equally during the divorce. The court will usually require an inventory and appraisal of all assets such as savings accounts, investment accounts, real estate, and vehicles. The court will then implement a division of these assets that is considered fair and equitable. In some cases, the court might also consider the financial contributions of each party in making a decision about how to divide the property. Such contributions might include the money spent on the house, services performed to improve the property, or any investments made during the marriage. The court may also consider the care of children, duration of the marriage, occupation of the parties, and more. In all, the court will be looking to come to a decision that is equitable and fair for both parties. This means they may need to consider a variety of factors to decide which assets should be classified as separate or community property and how they should be divided.

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