Property Division in Texas

When your financial future is on the line, Sims & Purzer provides strategic, knowledgeable guidance to ensure a fair division of property under Texas law.

Property Division Under Texas Law

One of the most important — and often contentious — aspects of divorce is the division of property. Texas is a community property state, which means that most property acquired during the marriage is presumed to belong equally to both spouses. However, dividing property fairly requires understanding the difference between community property and separate property, as well as how to value and distribute complex assets.

At Sims & Purzer, we help clients navigate these issues and protect their financial interests, whether through settlement or litigation.

Community vs. Separate Property in Texas

Community Property:
Includes most property and income acquired during the marriage, regardless of whose name is on the title. Examples: salaries, homes purchased during marriage, retirement savings accumulated during marriage.

Separate Property:
Includes property owned before marriage, inherited or gifted during marriage, or protected by certain agreements. Separate property is not divided in divorce, but proving it requires clear evidence.

We work with clients to identify, trace, and value separate and community assets to ensure fair treatment.

How Texas Courts Divide Property

Under Texas Family Code, courts must divide community property in a manner that is “just and right.” This does not always mean a 50/50 split. Courts may consider:

Differences in earning power and education.
Who has primary conservatorship of children.
Fault in the breakup of the marriage (if applicable).
Health and age of each spouse.
Debts and liabilities of each spouse.

At Sims & Purzer, we advocate for a property division that reflects your contributions to the marriage and protects your financial stability.

Our Approach

We handle military divorce cases with sensitivity and precision:

Initial Consultation: Review your family, financial, and service-related circumstances.
Case Planning: Identify key legal issues unique to your situation.
Negotiation or Litigation: Seek fair resolution through settlement or, if necessary, trial.
Final Orders: Ensure orders comply with both Texas law and federal requirements.

High-Asset & Complex Property Division

We have particular experience with complex property cases, including:

Business ownership and professional practices.
Retirement accounts and pensions.
Real estate portfolios.
Investments and stock options.
Valuation of rare or unique assets.

We work with appraisers, accountants, and financial experts when necessary to ensure accurate valuation and equitable division.

Why You Need a Texas Property Division Lawyer

Property division often requires sophisticated legal and financial strategies. At Sims & Purzer, we help you:

Identify and characterize assets properly.
Protect your separate property.
Negotiate fair settlement agreements.
Litigate effectively when agreement is not possible.

We protect what matters to you most.

Why Clients Choose Sims & Purzer

Extensive experience in Texas divorce and property law.
Skilled handling of high-asset and complex property cases.
Clear, strategic legal advice and representation.
Focused on protecting your financial future.

We understand the financial and emotional weight of dividing property — and we help you move forward with confidence.

FAQs About Property Division in Texas

Q: Is property always divided 50/50 in Texas?
A: No. Texas law requires a division that is “just and right,” which may not mean equal.

Q: How do I protect my separate property?
A: Separate property must be proven with clear and convincing evidence, such as records showing ownership before marriage or documentation of inheritance or gifts.

Q: What happens to debt in divorce?
A: Debts incurred during marriage are typically divided as part of the community estate.