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Does Community Property Mean a 50/50 Split in Property Division?

Property division is a crucial matter in a divorce. It’s one of the most battled areas and can prolong the process. With both parties trying to walk away with a fair portion, it can be difficult to agree on matters, and Texas being a community property state can result in more conflicts, especially from the party with the most properties.

Here is what you need to know:

How is property split?

As a community property state, any property acquired by a couple in Texas during their marriage, with a few exceptions, is equally owned by both parties. Accordingly, marital property should be split equally between spouses.  But this may not always be the case as the court may divide property in a way it deems just and right, considering each party’s rights and any children involved. 

What is exempted?

Any community property that a spouse could have owned if they were single may be exempted from property division. This includes:

  • Personal injury compensation 
  • Revenue from separate property 
  • Personal earnings 
  • The increase and changes of the revenue from all property that a spouse has sole management, control and disposition.

Further, Texas law protects parties from their spouse’s liabilities. Thus, a party may be personally liable for a debt unless the other spouse acts as their agent or the debt was incurred to support them.

What if you have a prenup or postnup?

If you and your spouse have a prenuptial or postnuptial agreement in place, your property may also be exempted from the community property rule. The court may conduct property division according to your agreement. 

Community property means marital property is equally owned by both spouses. But its division may not be that straightforward. It may be best to get legal guidance to understand this matter in depth.