Dividing property during a divorce can be one of the most stressful parts of ending a marriage. Who gets the house? What happens to the retirement accounts? Can one spouse keep a business they started? These are all common concerns we hear from clients.
At Albin Oldner Law, our Frisco divorce attorneys help people understand how Texas law applies to their unique situation—and how to protect what matters most.
Whether you’re already in the divorce process or just starting to explore your options, understanding how property division works in Texas is essential.
Texas is a community property state
Texas follows the community property system of dividing assets in a divorce. This means that most property acquired during the marriage is considered community propertyand is subject to division.
But this doesn’t mean everything is split 50/50. The law requires a “just and right” division, which means the court looks at fairness—not necessarily equality—when dividing property.
What is considered community property?
Community property includes most assets and debts acquired by either spouse during the marriage, such as:
- Income earned by either spouse
- Homes, vehicles, or other property bought during the marriage
- Retirement accounts and pensions earned during the marriage
- Debts like mortgages, credit card balances, or personal loans
Even if only one spouse’s name is on the title or account, it’s likely still community property if it was acquired during the marriage.
What is considered separate property?
Separate property belongs solely to one spouse and is not subject to division in the divorce. This includes:
- Property owned by one spouse before the marriage
- Gifts or inheritances received by one spouse (even during the marriage)
- Compensation for personal injuries (except for lost wages or medical expenses)
- Property that was clearly kept separate and not mixed with marital assets
It’s important to note that the burden is on the spouse claiming separate property to prove that it is separate. This often requires documentation or testimony.
How do courts divide property?
Texas courts consider a variety of factors to determine what is “just and right,” including:
- The length of the marriage
- Each spouse’s income and earning capacity
- Who has primary custody of the children
- Each spouse’s health and age
- Fault in the breakup of the marriage (such as infidelity or abuse)
- Whether one spouse wasted or hid assets
The court has broad discretion, which is why having skilled legal representation can make a major difference.
Can we divide the property ourselves?
Yes! In fact, most couples negotiate a settlement outside of court with the help of their attorneys or through mediation. If both spouses can agree on how to divide property and debts, they can present their agreement to the judge for approval.
A negotiated settlement usually results in less stress and conflict, more control over the outcome, and faster and less expensive resolution.
However, even in uncontested divorces, it’s wise to have an experienced attorney review any proposed agreement to ensure your rights are protected.
What about hidden or complex assets?
Property division can get more complicated when one spouse owns a business, there are valuable investments or retirement accounts, property is held in trusts or out-of-state, or one party suspects hidden assets
In these situations, your attorney may bring in forensic accountants, business valuation experts, or financial analysts to uncover and properly value all marital assets.
Protect yourself during property division in Texas divorce
Whether your divorce is amicable or contentious, here are some key tips:
- Take inventory – Make a complete list of assets and debts (bank accounts, real estate, vehicles, credit cards, etc.).
- Gather documents – Collect deeds, account statements, tax returns, and any documents related to ownership or value.
- Avoid major financial moves – Don’t sell or transfer property, make large purchases, or drain accounts without legal advice.
- Consult a lawyer early – The sooner you speak to a divorce attorney, the better positioned you’ll be to protect your interests.
Let Albin Oldner Law help protect you too
Property division is too important to leave to guesswork. At Albin Oldner Law, our Frisco divorce attorneys have decades of experience helping clients navigate the complexities of divorce and asset division in Texas.
We understand the local courts, we know what judges look for, and we work tirelessly to secure a fair and lasting outcome for our clients.
Call Albin Oldner Law at (214) 423-5100 to schedule a confidential consultation. Whether your divorce involves a home, a business, or simply peace of mind, we’re here to help you move forward with confidence.
