For many families in Brownsville and the Rio Grande Valley, the house, the vehicles, the retirement accounts, and the debts are the biggest questions in a divorce. Texas is a community property state, and the Texas Family Code sets out how property is characterized and how a court divides it. This article summarizes what Chapters 3, 6, and 7 of the Family Code say, in plain language, with practical steps for getting organized. Sources were checked on October 30, 2026. This article does not evaluate any person's case or predict any outcome.
Community property and separate property
Chapter 3 of the Texas Family Code defines two main kinds of marital property.
Separate property. Under Section 3.001, a spouse's separate property consists of:
- Property owned or claimed by the spouse before marriage
- Property acquired during marriage by gift, devise, or descent (inheritance)
- The recovery for personal injuries sustained during marriage, except any recovery for loss of earning capacity during marriage
Community property. Section 3.002 says community property consists of the property, other than separate property, acquired by either spouse during marriage.
The community property presumption
Section 3.003 says property possessed by either spouse during or on dissolution of marriage is presumed to be community property. A spouse who claims that something is separate property must prove it by clear and convincing evidence, which is a higher standard than in many civil disputes. In practice, this is why records such as deeds, account statements from before the marriage, gift letters, and probate documents can matter.
When both the community estate and a spouse's separate estate have an ownership interest in the same property, Section 3.006 says the interests are determined by the rule of inception of title, which looks at when the right to the property first arose.
Who manages property during the marriage
Section 3.102 says that during marriage each spouse has sole management, control, and disposition of the community property that the spouse would have owned if single, including personal earnings, revenue from separate property, and recoveries for personal injuries. Other community property is subject to joint management unless the spouses agree otherwise. Management during the marriage is not the same as how property is divided at divorce.
Reimbursement claims
Sometimes one marital estate pays for something that benefits another. For example, community funds may pay down the mortgage on a house that one spouse owned before the marriage. Section 3.402 says a claim for reimbursement exists when property of one marital estate is used to confer a benefit on the property of another marital estate that, if not repaid, would result in unjust enrichment. The spouse seeking reimbursement must prove the benefit, its value, and that unjust enrichment would occur. Under Section 7.007, the court applies equitable principles to decide whether to recognize the claim and how to divide it.
The "just and right" division
Chapter 7 of the Family Code governs the division itself. Section 7.001 says that in a decree of divorce or annulment, the court shall order a division of the estate of the parties in a manner that the court deems just and right, having due regard for the rights of each party and any children of the marriage.
The statute does not say the division must be equal. It also does not give a formula. The result in any case depends on the facts and the court's decision.
Other sections of Chapter 7 address specific types of property:
- Property from another state. Section 7.002 covers property acquired while a spouse was domiciled in another state that would have been community property if acquired in Texas, and directs the court to divide it "wherever situated."
- Retirement and employment benefits. Section 7.003 says the court shall determine the rights of both spouses in pensions, retirement plans, IRAs, stock options, and other employer or financial plans.
- Insurance. Section 7.004 says the court shall specifically divide or award the rights of each spouse in an insurance policy, and Section 7.005 explains what happens to a non-life policy that is not specifically awarded.
- Taxes. Section 7.008 says the court may consider whether a specific asset will be subject to taxation and when the tax will be due.
- Fraud on the community. Under Section 7.009, if the trier of fact determines that a spouse committed actual or constructive fraud on the community, the court calculates a "reconstituted estate" (the value the community would have had without the fraud) and divides it in a just and right manner.
Agreements between spouses
Section 7.006 allows spouses to make a written agreement about the division of property and liabilities and maintenance. The agreement may be revised or repudiated before the divorce is rendered unless it is binding under another rule of law. If the court finds the terms just and right, the terms are binding on the court.
Temporary orders while the case is pending
Under Section 6.502 of Chapter 6, while a divorce is pending, the court may render temporary orders after notice and hearing. These can include requiring a sworn inventory and appraisement of property and a list of debts, requiring the production of documents, appointing a receiver to preserve property, awarding one spouse exclusive occupancy of the residence, and limiting spending to reasonable and necessary living expenses. Our earlier article on the Texas divorce petition and temporary orders explains how a case begins.
Step by step: getting your property information organized
1. List assets and debts
Write down real estate, vehicles, bank and retirement accounts, business interests, and debts, with approximate dates each was acquired.
2. Gather documents that show dates and sources
Collect deeds, closing statements, account statements (especially from around the date of marriage), titles, loan documents, and records of gifts or inheritances.
3. Note claims of separate property
For anything you believe is separate property, note why and what documents support it. Remember the clear and convincing evidence standard.
4. Identify retirement and insurance policies
Gather plan statements and policy information, since the court must address them.
5. Keep tax records
Recent tax returns can show income, assets, and potential tax issues the court may consider.
6. Follow any temporary orders
If the court orders an inventory or limits spending, follow the order and keep records.
Frequently asked questions
Is property always split 50/50 in Texas?
The Family Code says the division must be "just and right," with due regard for the rights of each party and any children. It does not require an equal split.
Is an inheritance received during marriage community property?
Section 3.001 lists property acquired during marriage by devise or descent as separate property. Because of the community presumption, the spouse claiming it must be able to prove it by clear and convincing evidence.
How does property division relate to child support?
They are separate issues. Our article on the Texas child support guidelines explains how support is calculated.
Questions in Brownsville and South Texas
Dividing property involves documents, dates, and statutes that can be hard to sort out during a stressful time. CRG Law's Brownsville office works with clients on family law matters that include divorce, custody, and child support. Contact the office with questions about these basics.