Texas Divorce Attorney Blog
Texas is a community property state, but community property does not have to be divided equally in a divorce, as highlighted in a recent decision from the Third Court of Appeals. In Paez v. Rodriguez, the appellate court affirmed a divorce decree that awarded the parties’ entire marital residence to the wife, despite the husband’s argument that the property should have been sold and the proceeds divided. See Paez v. Rodriguez, No. 03-24-00731-CV, 2025 WL 2325163 (Tex. App.—Austin Aug. 13, 2025, no pet.).
The case serves as a reminder that Texas courts are not required to divide community property on a strict 50-50 basis. Instead, courts must make a division that is “just and right,” taking into account the circumstances of the parties and any children affected by the divorce. Tex. Fam. Code § 7.001.
The Facts and the Trial Court’s Decision
The parties had been married for decades and owned a home together. At trial, the wife testified that she had limited English proficiency, did not drive, and was raising the parties’ grandson in the home. Additionally, she was operating a daycare business from their residence. She expressed concern that losing the home would leave both her and their grandson without stability and without a place for her to conduct her business.
The parties’ adult daughter testified that she had observed both emotional and physical violence during the marriage. She believed her mother sought a divorce on this basis. At the time of the divorce, the trial court awarded the husband his towing business, vehicles, and related debts. The wife received the marital residence, the associated mortgage obligation, household furnishings, and her childcare business.
Why the Appeals Court Affirmed
On appeal, the husband argued that awarding the entire residence to the wife was unfair. The Austin Court of Appeals disagreed.
Texas courts have broad discretion when dividing community property, and appellate courts will reverse only when the division is manifestly unjust or constitutes an abuse of discretion. See Murff v. Murff, 615 S.W.2d 696 (Tex. 1981).
The appellate court noted that the trial judge could properly consider the wife’s financial circumstances. The court also emphasized that evidence of emotional and physical abuse remained relevant to property division even though the divorce itself was granted on no-fault grounds.
As a result, the court concluded that the husband failed to demonstrate that the property division was manifestly unfair and affirmed the decree.
Presenting Abuse Evidence
Allegations of cruel treatment can affect settlement negotiations and ultimately influence how a court divides the community estate. Tex. Fam. Code § 6.002.
A divorce attorney may work to gather and preserve evidence before trial, including text messages, emails, photographs, financial records, medical documentation, counseling records, and witness testimony. Third-party witnesses often play a significant role because they can corroborate conduct that occurred behind closed doors.
Effective pre-trial preparation can also shape settlement discussions. When one spouse possesses credible evidence supporting allegations of cruel treatment, the parties may be able to negotiate a disproportionate property division without the expense and uncertainty of trial.
If a trial is unavoidable, and complete evidence of abuse is available, that allows the court to get the most accurate picture of the circumstances, best positioning it to make a just property division.
Unsure About Property Division in Your Divorce? Contact McClure Law Group
For spouses involved in high-conflict divorces, the manner in which evidence is developed, preserved, and presented can have a significant impact on the outcome of the property division. 50-50 is never a given. At McClure Law Group, our divorce attorneys are experienced in contentious divorce negotiations and can assist you in reaching a fair agreement. Call our office at (214) 692-8200 or contact us via our online form.