Three Things You Should Know About Property Division in Texas

 Posted on November 21, 2025 in Asset & Debt Division

Getting a divorce comes with plenty of logistical concerns. The question of how to divide all shared property between spouses may be one of the most difficult to address. If you are unfamiliar with the legal processes that go into a Texas divorce, a Fort Worth family law attorney can help you protect your best interests through careful negotiation.

At The Law Office of J. Kevin Clark P.C., our attorneys have helped clients through numerous contentious divorces, including cases involving complex property division. We will advocate for your property rights, whether through negotiations outside of court for a settlement or aggressive advocacy in a trial.

What Property Is Divided in a Divorce?

A wide variety of properties can be divided between spouses in a Texas divorce, including liquid and non-liquid assets. Some of these properties include:

• Real estate, including the marital home
• Bank accounts
• Jewelry and valuable artwork
• Vehicles
• Furniture
• Investments
• Businesses
• Retirement accounts

In addition to these assets, you will also have to address how any shared debts will be split between you and your spouse. Furthermore, for more complex assets, such as businesses, outside professionals may be brought in to conduct a valuation.

If you need help identifying all the assets in your divorce, our firm can help you take inventory of your marital estate, ensuring you have all the information you need to negotiate a fair share of assets.

What Is the Difference Between Community and Separate Property?

Ahead of your divorce, you might worry that you will have to forfeit all of your personal belongings during negotiations with your spouse. Fortunately, not all property in your divorce is subject to division. The state of Texas allows spouses to keep their separate property independent of the marriage, which can alleviate some concerns during property division. Assets that belong to the marriage and must be divided are called community property.

Distinguishing between community and separate property is not always straightforward. Texas law clarifies that separate property refers to an asset acquired before the marriage or given as a gift (Texas Family Code Sec. 3.001). That being said, when separate property is mixed together with community property – like separate funds placed in a joint bank account – it becomes harder to set the two apart.

How Is Property Divided in Texas Divorces?

If you and your spouse can agree on how to divide up your community property, you can settle the matter without the need for court intervention – though the settlement agreement must still be approved by a judge.

If you and your spouse cannot reach a settlement, however, the court will make its own decision based on a variety of circumstances, such as each spouse’s earning capacity, employability, financial resources, and health needs. In any case, the court will strive toward an outcome that is "just and right," given your unique situation.

Contact a Fort Worth, TX Family Law Attorney

At The Law Office of J. Kevin Clark P.C., we understand how intimidating the process of property division can be. Our Fort Worth, TX divorce lawyers can serve as dedicated advocates on your behalf, advocating for a fair split of assets in or outside of court. Call us at 817-348-6723 to set up your free initial consultation.