Just And Right Division of Marital Property in Texas

In a divorce proceeding, the trial court "shall order a division of 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." Texas Family Code Ann. § 7.001.

Trial courts have wide latitude and discretion in dividing community property. Schlueter v. Schlueter, 975 S.W.2d 584, 589 (Tex. 1998). When dividing community property, the trial court may consider many factors, including:

1. each party's earning capacity,

2. abilities,

3. education,

4. business opportunities,

5. physical health,

6. financial condition,

7. age, and

8. size of separate estates,

9. any future needs for support,

10. expected inheritance,

11. custody of any children,

12. reimbursements,

13. gifts to a spouse during marriage,

14. fault in the breakup of the marriage,

15. length of the marriage,

16. attorney's fees,

17. a spouse's dissipation or waste of the marital or community estate, and

18. any tax consequences.

See, Texas Family Code Ann. § 7.008 (Vernon 2006) (tax consequences); Murff, 615 S.W.2d at 699; Hailey v. Hailey, 176 S.W.3d 374, 380 (Tex. App.--Houston [1st Dist.] 2004, no pet.); Alsenz v. Alsenz, 101 S.W.3d 648, 655 (Tex. App.--Houston [1st Dist.] 2003, pet. denied); Vannerson v. Vannerson, 857 S.W.2d 659, 669 (Tex. App.--Houston [1st Dist.] 1993, pet. denied); Baccus v. Baccus, 808 S.W.2d 694, 700 (Tex. App.--Beaumont 1991, no writ); Massey v. Massey, 807 S.W.2d 391, 398 (Tex. App.--Houston [1st Dist.] 1991, writ denied).