Doesn’t Texas Law award the community estate 50/50 without a prenup or partition?
No. Texas law does not provide anywhere for a 50/50 division of a community estate.
Section 7.001 of the Texas Family Code states:
“In a decree of divorce or annulment, the court shall divide the estate of the parties in a manner that the court deems just and right, having due regard for the rights of each party and any children of the marriage.” TX Fam Code Sec. 7.001.
There are many factors taken into account by a court when it divides a community estate, and there is no presumption in favor of 50/50 or anything else.
