How is property divided in Texas?
All property is community property unless proven to be separate property by clear and convincing evidence. The division is that which is just and right in accordance with the court’s ruling. Generally, you are looking at one-half of the property going to each spouse, absent some circumstance that indicates otherwise. For example, a number of different factors, such as unequal earning power, extent of separate property and fault in the breakup of the marital relationship, can affect the property division. There is a reported case where a 90/10 percent split was deemed a just and right division. This case was upheld at the appellate level.