PLEASE NOTE: We are still open and operational! To protect your safety in response to the threats of COVID-19, we are offering our clients the ability to meet with us in person, via telephone or through video conferencing. Please call our office to discuss your options. click here for Covid 19 updates
Laura Dale & Associates, P.C.

What’s the difference between community and equitable property?

You share almost everything when you’re married. Therefore, when you are about to get divorced, it can come as no surprise that you might not know which of the items you acquired during your marriage you or your spouse will get. Who is going to live in the house you bought, who gets the vacation cabin you inherited from your grandparents, and who keeps the minivan? Property division can be confusing for Texas residents.

As FindLaw explains, most states in the U.S. are equitable distribution states. A judge will consider numerous factors, like the earning potential each spouse receives and whether one spouse will continue to stay at home after the divorce to raise the children, when dividing assets. However, you don’t live in an equitable distribution state. Texas is one of the nine states that are considered community property states. This means you and your spouse equally own the assets, income and debt you acquired during the marriage, regardless of who purchased the property, who earned more or who was employed.

Therefore, in a community property state, the following can apply:

  • If you bought your home before you were married, the home remains yours, unless you put your spouse’s name on the title.
  • The vacation cabin and other inheritances from your side of the family will go to you.
  • Marital property, such as vehicles, savings funds, furniture and credit card debt, will be divided equally.

The potential for misunderstandings exists when it comes to dividing marital property during your divorce. Therefore, this information is meant to serve an educational purpose and not as legal advice.

No Comments

Leave a comment
Comment Information
  • Board Certified
  • IAFL
  • Super Lawyers 2019
  • Best Lawyers
  • Avvo Rating
  • Avvo Rating
  • Avvo Client Choice 2014
  • Avvo Client Choice 2014
  • Best Law Firms Badge
  • Laura Dale
  • Texas Bar Today Top Ten Badge

Contact Our Experienced Team Today

Se Habla Español | Nous Parlons Français

Due to the experience our lawyers have in many specialized areas, you can rely on us to put together the right team to handle your case, even if it centers on complex issues such as international family law, business valuation or bankruptcy. Contact us today to make an appointment to discuss your needs with a knowledgeable lawyer.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Laura Dale & Associates, P.C.
email us for a response

1800 Saint James Place
Suite 620
Houston, TX 77056

Phone: 713-574-7952
Fax: 713-600-1718
Houston Law Office Map

Review Us