Asset Division in a Texas Divorce Explained | Fort Worth

Who gets the house, the 401(k), the business? In this episode, we walk through how asset division really works in a Texas divorce — starting with the two buckets every asset falls into: community property and separate property. We cover the community property presumption (and why the burden of proof falls on you), the "danger zone" of commingling funds, and how tracing works when separate property has changed form over the years. Then we get into the part most people misunderstand: Texas courts don't automatically split things 50/50 — they divide the community estate in a manner that's "just and right," weighing factors like earning capacity, fault, and the needs of the children. Whether you're in Fort Worth, Tarrant County, or anywhere in Texas, this episode gives you the framework — and the documentation checklist — to protect what's yours.The Law Office of Bryan Fagan, PLLC serves families across Texas. Schedule a consultation at bryanfagan.com/schedule or call our Fort Worth office at 817-406-7230. You Don't Have to Go Through This Alone.