Texas Property Division Laws
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Property Division Guidelines.
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.

To promote amicable settlement of disputes in a suit for divorce or annulment, the spouses may enter into a written agreement concerning the division of the property and the liabilities of the spouses and maintenance of either spouse. The agreement may be revised or repudiated before rendition of the divorce or annulment unless the agreement is binding under another rule of law.

If the court finds that the terms of the written agreement in a divorce or annulment are just and right, those terms are binding on the court. If the court finds that the terms of the written agreement in a divorce or annulment are not just and right, the court may request the spouses to submit a revised agreement or may set the case for a contested hearing.

In ordering the division of the estate of the parties to a suit for dissolution of a marriage, the court may consider whether a specific asset will be subject to taxation, and if so, when the tax will be required to be paid.

-From Sections 7.001, 7.006, and 7.008 of the Texas Family Code.

 

Separate vs. Community Property.
Each spouse has the sole management, control, and disposition of that spouse’s separate property. Except as otherwise stated in the Texas Family Code, a spouse’s separate property consists of:

(1) the property owned or claimed by the spouse before marriage;

(2) the property acquired by the spouse during marriage by gift, devise, or descent; and

(3) the recovery for personal injuries sustained by the spouse during marriage, except any recovery for loss of earning capacity during marriage.

Community property consists of the property, other than separate property, acquired by either spouse during marriage. Property possessed by either spouse during or on dissolution of marriage is presumed to be community property. The degree of proof necessary to establish that property is separate property is clear and convincing evidence.

-From Sections 3.001 through 3.101 of the Texas Family Code.




Liability for Spouse's Actions.
A person is personally liable for the acts of the person ’s spouse only if the spouse acts as an agent for the person; or the spouse incurs a debt for necessaries as provided by Subchapter F, Chapter 2. A spouse does not act as an agent for the other spouse solely because of the marriage relationship. Except as provided by this subchapter, community property is not subject to a liability that arises from an act of a spouse.

-From Sections 3.201 of the Texas Family Code.

 

Agreement to Separate Property.
At any time, the spouses may agree that the income or property arising from the separate property that is then owned by one of them, or that may thereafter be acquired, shall be the separate property of the owner. This agreement must be in writing and signed by both parties, and is enforceable without consideration.

-From Sections 4.103 and 4.104 of the Texas Family Code.

 

Agreement to Community Property.
At any time, spouses may agree that all or part of the separate property owned by either or both spouses is converted to community property. This agreement must be in writing and:

(A) be signed by the spouses;

(B) identify the property being converted; and

(C) specify that the property is being converted to the spouses’ community property.

The mere transfer of a spouse’s separate property to the name of the other spouse or to the name of both spouses is not sufficient to convert the property to community property under this subchapter.

-From Sections 4.202 and 4.203 of the Texas Family Code.

 

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Go to another Texas Divorce Page:
General Texas Divorce Laws
Texas Alimony Laws
Texas Child Custody Laws
Texas Child Support Laws
Texas Divorce Laws and Property Division

 

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This information has been summarized from the Texas statutes. You can find the full-text version of these and other Texas divorce statutes online here: Texas Divorce Laws.