When a couple divorces in the state of Texas, emotional flare-ups can overshadow more seemingly mundane concerns, such as finances. However, as a couple proceeds through the divorce process, attention eventually turns to the distribution of the marital estate. Understanding property division is a task best left to professionals, though, especially in a community property state like Texas.
Despite popular misconception, a community property state does not consider every single one of a couple's assets to be community property. In addition, the Texas legal system does not simply divide assets down the middle during divorce, nor does it automatically allocate half of all assets to each party. A community property state does recognize separate property, or property owned by an individual before he or she entered into marriage. During the course of a marriage, however, some separate property may be sold, and those proceeds might be used to acquire new assets. In this type of situation, it often takes a legal expert to determine the status of the new property.