If I get divorced, do I get 50 percent of the community property? Not usually. Almost by definition no one ever gets exactly 50 percent. Refrigerators, couches, and pictures have widely differing values and they cannot be equally divided. The Texas Family Code guarantees a "just and right division of property." The term "just" means it will be equitable or fair. The term "right" means it will conform to law. There are many different types of property the court must consider. As a result of the 2001 Legislative Session, much of the division of these classifications of property is by formula but there still remains that fairness quotient. Realistically, largely by virtue of the difficulty of dividing personal property, one party will often walk away with about 55 percent and the other person will walk away with 45 percent. Who gets the bigger portion will often be a result of the court's belief that one party has been mistreated. Since Texas does not have true Alimony, the court tries to make up for wrongs at the time of divorce. The general classifications of property the court will consider include:
	Separate property - This is property brought into the marriage by one party, acquired by inheritance or gift. It is not quite as simple as it sounds. Often, particularly in long marriages, separate property becomes commingled and used for the benefit of both parties. Also, many transactions between spouses may be characterized as gifts and even inheritance can be clouded when a bequest in a will lists a husband and wife. Generally, the income from separate property is considered community property. Separately managed community property - This is property that is technically community property but is solely within the care, custody and control of a single spouse. An example would be a car driven predominately by one spouse, a separate bank account, IRA funds, etc. It will be calculated in the overall division of property but some special rules apply and typically use of separately managed personal property will stay in the controlling spouse's control. Jointly managed community property - This is the traditional community property and includes the traditional issues of savings accounts, checking accounts, homestead, furniture and other jointly used items. The division of this type of property is often done by formula and in reality, most divorcing spouses reach some sort of agreement.
However, when there are disputed cases, the court will take the evidence and try to divide the property fairly and in accordance with law considering all of the factors including fault in the divorce.