San Antonio Divorces


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Property Division

Texas is a community property state. Statute allows the court to divide marital property 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.

Property acquired by either spouse outside of Texas shall be deemed community property if the property would have been considered community property if it had been acquired in Texas.

Property that was acquired by a spouse while living in another state that would have been the spouse’s separate property if he/she were living in Texas; and property acquired by a spouse in exchange for real or personal property that would have been the spouse’s separate property if he/she were living in Texas is considered separate property of the spouse and shall be awarded to him/her.

In a decree of divorce or annulment, in addition to all other community property, the court shall determine the rights of both spouses in the disposition of the following property.
  • Pensions, retirement plans, annuities, IRA’s, employee stock option plans, stock options, or other forms of savings, bonus, profit-sharing, or other employer plan or financial plan of an employee or a participant;
  • Insurance policies; and
  • Claims for reimbursement.
The court may consider whether a specific asset will be subject to taxation and if so, when the tax will be required to be paid when ordering the division of the marital estate.