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Texas Law - May Separate Property Be Divided? In Texas, a court may not divide the parties' separate property. However, the parties are free to strike any bargain they wish. Cases: Powell (1991) 822 SW2d 181 (The wife had stock in husband's company that was separate property because it had been a gift from him to her during the marriage; the lower court had ordered the husband to buy back the wife's stock with husband's separate cash; the appeals court found that this was not permitted, since it was disposing of the parties' separate property; in practice, the result may have been to greatly diminish the value of the wife's stock, since she could not sell it or collect dividends on it).
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