What is community property and community debt?

Community property is all property you and your spouse have at the time of divorce except property that you can prove (or you and your spouse agree) is the separate property of one spouse.

Community property may include a business, real estate (a house or land), cars, retirement accounts, money, furniture and other things earned or bought by either spouse during your marriage. It does not matter whose name is on the title or which spouse’s earnings were used to buy it.

Community debt is debt you or your spouse incurred during the marriage.

Texas divorce law says that community property and debt should be divided when you get divorced in way that is “just and right.” This may or may not mean a 50/50 split.

If you have questions, it’s important to talk with a lawyer, especially since there are some exceptions to these rules.