Texas Family Law FAQs: Divorce & Property

1. Can I sell my house during a divorce?

• Yes. Often times, divorcing parties need to sell real property during a divorce in order to use the cash from the sale to pay attorneys fees related to the divorce, expert fees related to the divorce, and reasonable and necessary living expenses incurred while the divorce is pending. If the parties agree or the Court orders the parties to sell, the marital residence can be sold during a pending divorce. 

2. Can I borrow against my home during a divorce? 

• Yes. Often times, if a divorcing couple has the appropriate credit rating, borrowing against an asset, such as real property, in order to have a source of cash to pay for legal fees related to the divorce, expert fees related to the divorce, and reasonable and necessary living expenses incurred while the divorce is pending, is a way to ensure preservation of the community estate and to pay what can be relatively large expenses that arose quickly. This generally has to be done by agreement of the divorcing parties or by court order. 

3. Do I have to split the assets that I owned before my marriage with my spouse when we get divorced?

• No, property owned by a spouse before marriage remains that spouse's separate property during marriage and that marital property status does not change unless the spouses have specifically agreed in writing. However, if the asset(s) in particular generate income during the marriage, the income generated during the marriage will be community property which will have to be shared between the divorcing spouses.

4. How is property divided in a Texas divorce?

Texas is a community property state, meaning most assets acquired during marriage are split equally between spouses. However, courts can divide property in a way that is “just and right,” considering factors like earning capacity, fault in the divorce, and financial needs. Separate property, such as assets owned before marriage or inherited during marriage, is not divided.

5. Can I get alimony in Texas?

Texas law limits alimony, also called spousal maintenance. To qualify, you must prove that after divorce, you cannot meet your minimum reasonable needs and that you were either:

• Married 10+ years and financially dependent
• A victim of domestic violence in the last 2 years
• Unable to work due to a disability or caring for a disabled child

6. What happens to retirement accounts in a Texas divorce?

Retirement savings, including 401(k)s, pensions, and IRAs, accumulated during the marriage are community property and subject to division. A Qualified Domestic Relations Order (QDRO) is needed to divide some retirement accounts without penalties. Contributions before marriage typically remain separate property.

7. Will I have to pay my spouse’s debts after divorce?

Only debts classified as community debt, meaning debts incurred during the marriage, are divided between spouses. Separate debts—such as those taken on before marriage or after separation—remain with the spouse who incurred them. However, joint accounts (like credit cards or loans) may still affect both spouses’ credit if not properly addressed in the divorce decree.

8. How does adultery affect a Texas divorce?

Texas allows fault-based divorces, and adultery can impact property division, spousal support, and even attorney fees. If one spouse can prove adultery, the court may award the innocent spouse a larger share of the marital assets. However, it does not directly affect child support or parenting time.

9. Do I need a lawyer for an uncontested divorce?

While you can file an uncontested divorce without an attorney, it’s still highly recommended to have a lawyer review your paperwork to avoid costly mistakes. Texas divorce laws can be complex, and errors in dividing assets, debts, or drafting agreements could lead to long-term financial issues.