The Texas Family Code requires that the Court divide the community property of the spouses "in a manner that the Court deems just and right." This means the Court is not required to divide the property 50-50 and can consider a variety of factors in deciding what is "just and right." These factors can include fault in the divorce, disparity in earning power, disparity in amount of separate property, etc.
The difference between separate and community property: Generally, a spouse's separate property is property that was either: owned by the spouse before marriage acquired by gift or inheritance, or certain kinds of recoveries for personal injuries Community property is all property other than separate property. All property owned by either spouse at the time of marriage is presumed to be community property. The party that is asserting the claim of separate property has the burden of proof on that issue.