In a divorce, community property is subject to division, however, each spouse is entitled to keep 100% of their separate property following a divorce. The judge, in such incidences, will divide the property in a manner that is just and right, which is roughly a 50/50 division.

Under certain, mostly extreme circumstances, a spouse can petition the court for a disproportion distribution resulting in, at the most, a 65/35 division. This is generally for situations where one spouse is the soul party at fault for the dissolution of the marriage, there has been an act of cruelty of one spouse to the other, one spouse is disabled, or one spouse has significantly less education or employment opportunities than the other spouse.

Each case in Texas is decided on individually. It is important to obtain a lawyer to ensure you are represented fairly.