Texas Divorce Law...

Texas Law - What is The Overall Approach to Property Division?

Texas is a "community property" state.

In theory, this means that the division follows a mathematical formula, with little room for the judge to improvise.

The formula calls for all property to be divided into "marital" and "separate" property. "Marital" and quasi-community property is divided 50/50. The "Separate" property of each party stays with that party.

At least, that's the theory. In practice in Texas, though, judges are instructed to do what they think is fair in terms of dividing community property, even if that means deviating from the formula.

Section 3.63(a).

Cases:

Siefkas (1995) 902 SW2d 72 (supporting judge's discretion in the award of property; the court had awarded personal property in the home to husband, but allowed wife to retain possession of that property until husband paid off second mortgage).

Massey (1991) 807 SW2d 391 (the appellate court supported the jury's conclusion that husband, a bank president, had intentionally inflicted emotional distress on his wife; he had refused to allow her to write checks; had controlled her every expenditure; had often flown into rages; and had belittled her constantly; ).

Vannerson (1993) 857 SW2d 659 (division need not be 50/50).

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