As a Texas divorce attorney, I often encounter the misunderstanding that community property is divided equally between spouses in all Texas divorce cases. This is not the case. The legal standard for dividing community property in Texas is to divide it in a just and right manner, taking into consideration the rights of each party and any children of the marriage. It’s possible for one spouse to receive more than half of the community property in some situations.
It’s also important to note that dividing community property does not necessarily mean an equal or proportional share of every asset. When dividing the community property estate, it may make more sense to award certain assets to one spouse rather than dividing each asset equally. This is especially true if the community property includes complex assets.