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Texas TX AI draft

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Distribution Type
Community Property
Division Standard
Equitable — judge decides
Income Adjustment
Modest

Methodology

Community property — just and right division

Texas divides the community estate “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” (Tex. Fam. Code §7.001). There is no statutory factor list and no 50/50 mandate — disproportionate divisions rest on case-law factors from Murff v. Murff, such as fault in the breakup, disparity of earning capacities, education, health, and the parties' separate estates. The chapter's own provisions cover quasi-community property (§7.002), rights in retirement plans and insurance (§§7.003-7.005), and agreements incident to divorce (§7.006). Separate property is not divided.

Division Factors

The following factors are commonly evaluated under Texas law:

  1. The community estate is divided in a manner the court deems just and right, with due regard for the rights of each party and any children of the marriage (Tex. Fam. Code §7.001)
  2. The statute enumerates no factor list — disproportionate-division factors (fault in the breakup, disparity of earning capacities, education, health, separate estates) come from Texas case law (Murff v. Murff)
  3. Property acquired while domiciled elsewhere that would have been community property if acquired in Texas is divided as quasi-community property (§7.002)
  4. The court divides rights in pensions, retirement plans, insurance policies, and related benefits earned during the marriage (§§7.003-7.005)
  5. Agreements incident to divorce may control the division if approved by the court (§7.006)
  6. Separate property — owned before marriage or acquired by gift, devise, or descent — is not subject to division

Statute / Authority

Citation: Tex. Fam. Code §7.001 ↗

Source: https://statutes.capitol.texas.gov/

Source & verification AI draft
Citation
Tex. Fam. Code §7.001
Source URL
https://statutes.capitol.texas.gov/
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Reference Library

Texas Community Property

Texas Family Code §7.001 requires courts to divide the community estate in a manner that is just and right, having due regard for the rights of each party and any children. Texas commands no equal split: disproportionate divisions are grounded in Murff v. Murff case-law factors such as fault in the breakup, earning-capacity disparity, education, health, and separate estates. The chapter also covers quasi-community property, retirement and insurance rights, and agreements incident to divorce; separate property is not divided.

Citation: Tex. Fam. Code §7.001

Source: https://statutes.capitol.texas.gov/

Last updated: 2026-07-23T00:37:19.829492

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