Property Division in Divorce

Everyone knows that property gets divided in a divorce. Buy how? What is the outcome based upon?


In a Texas Divorce, the Judge is obligated to make a “just and right, equitable division” of the community estate. The Judge is supposed to do what is fair, considering the facts. But what facts can the Judge consider?


Here are a few:


  1. The age of the parties;

  2. The health of the parties;

  3. The needs of the parties;

  4. The income of the parties;

  5. The earning capacity and opportunities for future wealth and income of the parties;

  6. The separate estate of each party;

  7. The debts and liabilities of the parties;

  8. The custody of any children of the marriage;

  9. Any adultery committed during the marriage; and

  10. Any cruelty by either party to the marriage.


What is interesting about many of these factors is the way that they can cut either way. For example, a significantly older spouse can argue, “I need more of the estate because I don’t have many more years to earn.” With the same set of facts, the younger spouse can argue to the older, “You don’t need as much money as I do because you are not going to have as many years of life left that you need to pay for.”


Property division can be tough in a divorce. Knowing what facts matter can help you help your attorney.

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