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Distribution Type
Community Property
Default Split
50 / 50
Income Adjustment
Modest

Methodology

Community property — just and right division

Texas is a community property state that divides community property in a just and right manner rather than strictly equally. Courts consider fault in the breakup of the marriage and other equitable factors.

Statutory Factors

The following factors are commonly evaluated under Texas law:

  1. Property acquired during marriage is community property
  2. Property owned before marriage is separate
  3. Gifts and inheritances are separate
  4. Commingling may affect classification
  5. Community estate divided equally or justly
  6. Debt characterization follows state rules
  7. Just and right division considering all circumstances

Statute Reference

Citation: Tex. Fam. Code §7.001

Source: https://docketlens.ai/statute/TX/FA.7

Source & verification Source-verified
Citation
Tex. Fam. Code §7.001
Source URL
https://docketlens.ai/statute/TX/FA.7
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2026-06-02 17:10:23 UTC (fetched)
Body SHA-256
101ae74e26c7592b37478b94a54dab81e084ec65add87f0841f62c3686aa0a7a Identity hash of the body text we captured. If the published statute ever changes, its new hash will not match this one.
Captured excerpt
## CHAPTER 7. AWARD OF MARITAL PROPERTY **Source:** https://tcss.legis.texas.gov/resources/FA/htm/FA.7.htm **State:** Texas **Downloaded:** 2026-04-04 --- FAMILY CODE TITLE 1. THE MARRIAGE RELATIONSHIP SUBTITLE C. DISSOLUTION OF MARRIAGE CHAPTER 7. AWARD OF MARITAL PROPERTY Sec. 7.001. GENERAL RULE OF PROPERTY DIVISION. 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. Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997. Sec. 7.002. DIVISION AND DISPOSITION OF CERTAIN PROPERTY UNDER SPECIAL CIRCUMSTANCES. (a) In addition to the division of the estate of the parties required by Section 7.001, in a decree of divorce or annulment the court shall order a division of the following real and personal property, wherever situated, 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: (1) property that was acquired by either spouse while domiciled in another state and that would have been community property if the spouse who acquired the property had been domiciled in this state at the time of the acquisition; or (2) property that was acquired by either spouse in exchange for real or personal property and that would have been community property if the spouse who acquired the property so exchanged had been domiciled in this state at the time of its acquisition. (b) In a decree of divorce or annulment, the court shall award to a spouse the following real and personal property, wherever situated, as the separate property of the spouse: (1) property that was acquired by the spouse while domiciled in another state and that would have been the spouse's separate property if the spouse had been domiciled in this state at the time of acquisition; or (2) property that was acquired by the spouse in exc…

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Reference Library

Texas Community Property

Texas Family Code §7.001 requires courts to divide community property in a manner that is just and right, having due regard for the rights of each party. Unlike most community property states, Texas allows courts to deviate from a 50/50 split based on factors such as fault in the breakup of the marriage, disparity of earning power, and the needs of any children. Separate property is not subject to division.

Citation: Tex. Fam. Code §7.001

Source: https://statutes.capitol.texas.gov/

Last updated: 2026-05-19T01:39:53.964097

· Source verified by SHA-256: 101ae74e26c7592b…