Dividing property is one of the most consequential parts of a Texas divorce. Hinojosa Law Office, P.C., led by attorney Monica A. Hinojosa, helps clients in East Houston and across the greater Houston area protect their financial interests through a fair division of property. Se habla español.
Community Property vs. Separate Property in Texas
Texas is a community-property state. In general, most property and debts acquired by either spouse during the marriage are considered community property and are subject to division. Separate property — which usually includes property owned before the marriage, and property received during the marriage by gift or inheritance — is not divided, but it must be proven.
Characterizing Property
“Characterization” is the process of determining whether an asset is community or separate. Texas law presumes that property a couple owns at divorce is community property, and a spouse claiming an asset is separate generally must prove it with clear and convincing evidence, often through documentation of when and how it was acquired.
The “Just and Right” Division Standard
Texas courts divide the community estate in a manner that is “just and right,” considering the circumstances of the spouses. This does not always mean an equal 50/50 split — a court may consider factors such as each spouse’s earning capacity, education, health, fault in the breakup of the marriage, and the needs of any children.
Complex and High-Value Assets
Many divorces involve assets that require careful handling:
- Business interests — valuing a closely held business and determining its community and separate components.
- Retirement accounts and pensions — dividing 401(k)s, IRAs, and pensions, often using a Qualified Domestic Relations Order (QDRO).
- Real estate — the marital home and other property, including questions of who keeps it, buyouts, and how sale proceeds are handled.
Reimbursement and Commingling
Sometimes one marital estate contributes to another — for example, when community funds are used to improve a spouse’s separate property. In those cases, a reimbursement claim may arise. Commingling occurs when separate and community property are mixed together so that they are difficult to tell apart; careful tracing may be needed to establish what is separate. These issues can significantly affect the outcome, and documentation matters.
Related Family-Law Matters
Property division is part of the broader divorce process. See our Houston divorce, spousal support, child custody, and child support pages, our protective orders page, or our family-law services overview.
How Hinojosa Law Office, P.C. Helps
Attorney Monica A. Hinojosa helps clients identify, characterize, value, and divide property with attention to detail, working toward a fair and practical result. We serve families throughout Houston, including the East Houston, Northshore, and Uvalde Road communities, in English and Spanish.
Meet attorney Monica A. Hinojosa, the Houston family-law attorney at Hinojosa Law Office, P.C.
Schedule a Consultation
To discuss property division with a Houston family-law attorney, contact Hinojosa Law Office, P.C. today.
Hinojosa Law Office, P.C.
540 Uvalde Rd, Suite D, Houston, TX 77015
Phone: 713-455-3575
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This page provides general information about Texas property-division law and is not legal advice. Every situation is unique; please consult an attorney about your specific circumstances.