Is My Spouse Really Going To Get Half of Everything in the Divorce in Texas?

 Posted on December 23, 2025 in Divorce

You've probably heard that Texas is a community property state and assumed that means your spouse automatically gets half of everything if you get divorced. That’s not necessarily the case. While Texas follows community property rules, the law doesn't mandate a perfect 50/50 split in every divorce.

Courts aim for what's "just and right," which means they consider your specific circumstances, not just a calculator. Understanding how judges actually divide assets can save you from panic and help you make smarter decisions from day one. Our San Antonio divorce lawyers can walk you through what to expect based on your unique situation.

What Is Community Property Versus Separate Property in Texas?

Under Texas Family Code § 3.002, community property usually includes assets earned or bought during the marriage. This can include income, retirement savings, homes, and vehicles acquired while married. Separate property is treated differently. It often includes property you owned before marriage or received as a gift or inheritance. Separate property is not divided in a divorce.

Problems can arise when money or assets of different origins are combined. When that happens, it can become harder to prove what belongs to whom. An experienced attorney can help you identify what belongs to you and gather the evidence necessary to prove it.

How Do Texas Courts Decide What Is"Just and Right" in Property Division?

Texas Family Code § 7.001 gives judges the flexibility to divide property in a way they believe is fair. There is no set formula or automatic split. Instead, the court looks at the whole picture of the marriage.

Judges may consider each spouse’s income, health, education, and ability to earn a living after divorce. In some cases, the court may also look at fault, such as adultery if the act negatively impacted assets. If one spouse is likely to face more financial difficulty after the divorce, the court may award that spouse a larger share of the property.

Because every marriage and financial situation is different, property division outcomes can vary widely from one case to the next.

Factors That Can Impact How Property Is Divided in a Texas Divorce

Several issues can influence how property is divided, including:

• Differences in income or earning potential

• Who will primarily care for the children

• Waste or misuse of marital funds

• Fault, such as adultery or cruelty

• The size and complexity of the marital estate

Judges look at these factors together. No single issue decides the outcome on its own.

What Happens to the Family Home and Major Assets in a Texas Divorce?

Large assets often cause the most concern during a divorce. This commonly includes the family home, along with retirement accounts, businesses, and investments. The home often holds emotional significance for spouses, which can make decisions even harder.

There are several ways the family home may be handled. In some cases, one spouse keeps the home, and the other receives different assets or takes on less debt to balance the value. In other situations, the home may be sold and the proceeds divided between both spouses. This option is sometimes chosen when neither person can afford the home on their own or when a clean financial break makes more sense. The right approach depends on what is fair and workable for both spouses after the divorce.

Contact Our Bexar County, TX Divorce Attorneys Today

At Brandon Wong & Associates, we help clients navigate divorce with clarity and confidence. Attorney Brandon Wong, the firm’s lead attorney, has practiced law since 2008 and brings years of experience handling Texas divorce cases. He has been recognized by Scene In S.A. as one of San Antonio’s best family law attorneys and was selected for Super Lawyers Rising Stars in 2021. Call 210-201-3832 to schedule your consultation with our team of experienced San Antonio, TX divorce lawyers today.