When a marriage ends, dividing property can be one of the hardest parts. You may be wondering what you get to keep and what has to be shared. In Texas, divorce involves more than just emotional separation—it also means figuring out who owns what. Texas follows a community property system, which means that most things acquired during the marriage are considered shared. That doesn’t always mean a 50/50 split, though. At Navarrete & Schwartz, P.C., we help our clients in Midland and throughout West Texas understand what they’re entitled to and how to protect what matters most.
Community vs. Separate Property in Texas
Texas law draws a clear line between community and separate property. Understanding that difference is a big first step.
Community property includes most assets acquired during the marriage. It doesn’t matter who earned the money or whose name is on the account—if it was gained while married, it likely belongs to both of you.
Separate property belongs only to one spouse. This includes:
- Property owned before the marriage
- Inheritances or gifts received during the marriage
- Settlements for personal injuries (except for lost wages or medical expenses)
To keep something classified as separate, you’ll usually need proof, like documents or receipts. That can be tricky over time, especially with shared accounts and family purchases. That’s why it’s important to get legal help early and build a clear picture of what belongs in which category.
How Texas Courts Divide Community Property
Texas courts don’t automatically divide everything in half. Instead, they divide community property in a way that’s “just and right,” which gives judges some flexibility based on your circumstances.
Factors courts often consider include:
- Each spouse’s income and earning potential
- Whether one parent will have primary custody
- The value of each person’s separate property
- Fault in the breakup (such as infidelity or abuse)
- Age, health, and financial future of both spouses
This means one spouse might receive more than the other if the court believes it’s fair. In some cases, we’ve seen clients awarded a larger share of community property to offset financial disadvantages. Whether you’re concerned about fairness or simply want to avoid being taken advantage of, we’re here to guide you through every step.
Common Types of Property Divided in Divorce
Every divorce is different, but some property types come up again and again. These are the most commonly divided assets in Texas divorces:
- Homes and real estate (including rental properties)
- Bank accounts and savings
- Retirement plans and pensions
- Vehicles and personal valuables
- Businesses or business interests
- Debts like credit cards, mortgages, or car loans
Sometimes the value of these items is straightforward, like a checking account balance. Other times, it takes more effort to figure out, especially with things like businesses or stock portfolios. In those cases, we may work with appraisers or financial professionals to make sure our clients are treated fairly.
Can We Reach an Agreement Without Going to Court?
Yes, and in many cases, that’s exactly what happens. You and your spouse can reach an agreement about dividing your property without going to trial. That might involve direct negotiation or a more structured process like mediation.
When couples can cooperate, it saves time, money, and stress. But even if things are civil, it’s important to make sure your agreement is legally sound and protects your interests. That’s where we come in. We’ll work with you to draft or review any proposed property division and make sure it’s fair. If the other side won’t be reasonable, we’re prepared to fight for you in court.
How We Can Help With Property Division
How your property is divided can shape your financial future. At Navarrete & Schwartz, P.C., we take the time to understand your goals and concerns. We’ll help you identify what’s community and what’s separate, value your assets accurately, and advocate for a division that supports your financial stability.
Whether you’re dealing with a small estate or significant assets, we’ll provide the support and guidance you need. We’ll stand by you and help you move forward with confidence.
Contact Our Experienced Midland Division of Property Attorneys
Dividing property during a divorce doesn’t have to leave you feeling lost or overwhelmed. With the right support, you can walk away with peace of mind and a plan for the future. If you’re ready to talk about your rights and options, we’re here to help. Contact Navarrete & Schwartz, P.C., today to schedule a confidential consultation.