Family Law Videos | I've heard Texas is a community property state. What does that mean?

Texas is in fact, a community property state. It does not mean that you divide the property 50 50. It basically means that in the context of a divorce, there are two types of property. There is community property and there is something that's called separate property. And during the course of the divorce case, we're trying to figure out what property is what. That process is called characterization.

Put simply, separate property. There's a big long list of it, but kind of the easiest way to describe it is separate property is stuff that you had before the marriage, gifts before or during the marriage, and inheritance before or during the marriage. So generally speaking, there are some other exceptions to that that are separate property. But in most of my cases, that is what is separate property. And if you either agree that it's your separate property or if you have to prove that it's your separate property, then you are awarded your separate property.

If your spouse similarly does the same thing, either agree that it's their separate property or the court orders that it's their separate property, it's put aside, it's awarded to them, and then the community is then divided. And as I stated previously, not necessarily 50 50, but to be determined, generally speaking, somewhere between a 50 50 and 60 40, depending on various factors.