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How Are Marital Debts and Assets Divided in a Texas Divorce?

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Nov 19, 2025
How are marital debts and assets divided in a Texas divorce

Texas Community Property Law

How Are Marital Debts and Assets Divided in a Texas Divorce?

In Texas, substantial marital estates are divided under community property laws after a divorce. That’s different from most other states. Let’s take a look at how the Texas community property laws work and what you can expect after a marital dissolution.

What Is Community Property Mean in a Texas Divorce?

Texas stands out as one of only nine states in the nation that don’t use “equitable distribution” to divide the marital estate during a divorce. In states that follow equitable distribution, courts actively consider a wide range of factors to determine what is “fair” or “equitable.” However, in Texas, courts classify all marital property as either separate property or community property.

Separate property typically includes:

  • Property owned solely by one party before the marriage, unless it becomes “commingled” during the marriage and is reclassified as community property
  • Property one party acquires during the marriage through:
    • A gift
    • An inheritance
    • A personal injury settlement or verdict (excluding compensation for lost wages or income during the marriage)

Courts in Texas return separate property to its original owner during a divorce. They divide all community property equally between the two parties.

Community Property in Texas

Contact the Knowledgeable Texas Community Property Attorneys at Graham Family Law

At Graham Family Law, we bring more than 20 years of experience to people in San Antonio and the surrounding communities who need proven divorce and family law counsel. We protect your rights with skill and confidence before a judge and jury. Our reputation within the legal community reflects our proven ability to negotiate effective settlements for our clients. Call us at 210-308-6448 or contact us by email to schedule a consultation today to discuss your case.

Handling Divorce and Family Law Matters throughout San Antonio and the surrounding communities, including Bexar, Kendall, Floresville, Wilson, Atascosa, Hays, Comal and Guadalupe counties, as well as the municipalities of Saspamco, Sutherland Springs, Poth, Olmos Park, Grey Forest, Kirby, Timberwood Park, Sandy Oaks, Pleasanton, Poteet, Charlotte, Leming and Kyote

 

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