How Do Judges Divide Community Property in a Divorce?

 Posted on August 18, 2025 in Asset Division

When two spouses cannot reach an agreement about property division in a divorce, it is up to the courts to decide how the assets should be allocated. A judge will consider what is "just and right" when dividing up community property. But what do the courts consider just, and how can you make sure that your rights to your property are respected? 

With help from a Houston, TX divorce lawyer at The Cusic Law Firm, P.C., you can make a case for a fair division of community property in court. Attorney Dessiray W. Cusic is Board Certified in family law, making her uniquely qualified to handle complex issues involving community property.

Will the Judge Consider My Financial Situation During Property Division?

A divorce can have a major impact on your finances. Depending on your circumstances, a simple 50/50 split of community property might not be enough to support you. If there is a significant disparity in your income compared to your spouse’s, the judge may consider giving you a greater share of community property. However, your financial situation will be just one consideration in the judge’s ruling, rather than the sole deciding factor.

If you believe that a greater share of marital property is necessary, you should come prepared with evidence showing your financial need. At The Cusic Law Firm, P.C., we can argue for a fair portion of community property to keep you afloat after the divorce.

Fault-Based Divorces Can Impact Asset Division

If you or your spouse filed for divorce on fault-based grounds, it could affect the distribution of marital property. Texas recognizes different grounds for fault-based divorces, including, but not limited to:

• Cruelty

• A felony conviction with a sentence of more than one year

• Abandonment for more than one year without the intent to return

• Adultery

• Living apart without cohabitation for at least three years

If the judge chooses to grant a fault-based divorce, you could be awarded with a greater share of community property. This is in line with the state’s laws about just and right property division, as it holds a spouse responsible for his or her misdeeds.

Contributions to the Marriage Count in Property Division

When dividing property, judges will recognize the work that you or your spouse may have put into maintaining the marriage. Not all contributions are strictly monetary, like bringing home an income. The court can also consider non-material contributions, like raising the children or working to keep the household together. This gives stay-at-home parents some room to negotiate for property, especially if they helped to support the other spouse’s career.

Contact a Harris County, TX Divorce Lawyer

A judge has the discretion to decide what is most fair in asset division. When arguing for your share of community property in court, having a knowledgeable Houston, TX property division attorney at your side can make a significant difference.

At The Cusic Law Firm, P.C., we can provide you with valuable legal advice and advocacy when your property is at stake. To schedule a free initial consultation with our firm today, call our offices at 713-650-1866.