Is Community Property Divided in Half in a Divorce?

 Posted on November 26, 2025 in Property Division

In a divorce, property division is frequently one of the most complicated issues to resolve. If you are unfamiliar with the divorce process, you may wonder if all of your shared property will be split down the middle. In Texas divorces, community property is not always divided in half. Whether you agree to a settlement outside of court or proceed to litigation, a Collin County, TX divorce lawyer can help you negotiate for a fair allocation of assets.

At The Law Office of Linda Risinger, we have over 30 years of experience practicing family law. We have guided many clients through complex divorces in a wide variety of cases. You can trust us to handle your property division concerns with care.

How Is Property Divided When a Couple Has Uneven Income?

When courts weigh in on property division in Texas, they will consider the financial resources available to both spouses. If there is a significant difference in income and earning potential between the spouses – such as when one spouse fulfills a stay-at-home role in the marriage – the lesser-earning spouse could be given extra property or assets to avoid causing undue hardship.

Providing documentation about your financial situation can help to prove an income disparity in your divorce. For instance, you could provide bank statements, pay stubs, and tax filings as evidence of your current earning potential.

Does Child Custody Affect Property Division?

Issues of property division and child custody often come up in divorces, since taking care of a child is very expensive. If both parents spend roughly the same amount of time throughout the year taking care of the child and providing for his or her needs, custody may be less of a factor in property division. However, if one parent is given a larger share of custody, that may be reflected in the allocation of community property to ensure that the main custodial parent has the resources to care for the child.

In some cases, the division of the marital home can also be affected by child custody. To ensure that the child grows up in a stable environment, the primary custodial parent could be awarded the home in the divorce.

How Marital Misconduct Can Lead to Unequal Property Division

Texas is one of the states that recognizes fault-based divorces. This means that a spouse can essentially hold his or her partner responsible for the collapse of the marriage based on various recognized grounds, such as adultery, abandonment, or cruelty (Texas Family Code Chapter 6, Subchapter A). If you can prove that your spouse was at fault for the divorce, the courts may award you a larger share of property in the interest of a "just and right" division of assets. 

Contact a Frisco, TX Divorce Attorney

Property division in Texas can deviate from a simple 50/50 split of assets. If you need help protecting your interests in your divorce, reach out to our Collin County, TX asset division lawyers at The Law Office of Linda Risinger. To set up a free initial consultation, call us at 972-294-6533 today.