Texas is one of only a handful of states that follow community property laws when it comes to dividing assets in divorce cases. If you are getting a divorce in this state, it is important to understand what this means so you know what to expect when you get into court. As the Huffington Post explains, community property is the idea that all property you and your spouse owns belongs to you equally.
When you go to court for your divorce, the court will simply look over your assets and divide them equally between you and your spouse. There will be no weighing of other factors, such as who may have legal ownership rights or fairness. For example, if you are currently living in your home and driving the family car, the court will not look at those facts when determining who gets the house and the car. You may very well lose whatever you currently have because of the community property law.
Other states use the idea of equitable distribution, which focuses on fairness. The courts in those states would look at your situation to see what the fair way to divide property would be. In the case where you have the house and car currently, you would be more likely to be able to keep them in an equitable distribution case because the court would consider the fact that you are currently living in the house and driving the car. This information is only intended to educate and should not be interpreted as legal advice.