Tex. Codes » Family Code · TITLE 1. THE MARRIAGE RELATIONSHIP · SUBTITLE C. DISSOLUTION OF MARRIAGE · CHAPTER 7. AWARD OF MARITAL PROPERTY
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Tex. Fam. Code § 7.001 (2026)

General Rule Of Property Division

✓ current as of May 2026
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Sec. 7.001. GENERAL RULE OF PROPERTY DIVISION. In a decree of divorce or annulment, the 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.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.

Notes of Decisions
Cited in 710 cases (154 in the last 5 years), 1997–2026 · leading case: Amanda Bradshaw v. Barney Samuel Bradshaw, 555 S.W.3d 539 (Tex. 2018).
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Amanda Bradshaw v. Barney Samuel Bradshaw, 555 S.W.3d 539 (Tex. 2018). · cites it 6× “See Tex. Fam. Code § 7.001 ("In a decree of divorce or annulment, the 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.”
Dawson-Austin v. Austin, 968 S.W.2d 319 (Tex. 1998). · cites it 8× “) Rule 120a permits a special appearance to be made "as to an entire proceeding or as to any severable claim involved therein." It is well settled in this State that the division of a marital estate is not a claim severable from the rest of a divorce proceeding.”
Smith v. Smith, 143 S.W.3d 206 (Tex. App. 2004). · cites it 6× “Tex. Fam.Code Ann. § 7.001 (Vernon 1998).”
Rusk v. Rusk, 5 S.W.3d 299 (Tex. App. 1999). · cites it 8× “-Dallas 1988, no writ); see also TEX. FAM.CODE ANN. § 7.001 (Vernon 1998).”
Boyd v. Boyd, 67 S.W.3d 398 (Tex. App. 2002). · cites it 3× “Property Division In points eight through fourteen, Randall complains about the property division in the divorce decree.”
In re Harrison, 557 S.W.3d 99 (Tex. App. 2018). · cites it 2× “In a divorce decree, the trial court "shall order a division of the estate of the parties in the manner that the court deems just and right, having due regard for the rights of each party and any children of the marriage.”
Moroch v. Collins, 174 S.W.3d 849 (Tex. App. 2005). · cites it 2× “To place our review of these issues in context, we recount the general principles governing the award of marital property in divorce cases, including the law relating to contribution from one estate to another. A. APPLICABLE LAW A trial court is charged with dividing the…”
Iliff v. Iliff, 339 S.W.3d 126 (Tex. App. 2009). · cites it 4× “Flynn was based primarily on the difference in their original appraisals in 2006, and not the appreciation between 2006 and 2008.”
Graves v. Tomlinson, 329 S.W.3d 128 (Tex. App. 2010). · cites it 3× “In a divorce decree, 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.”
Lynch v. Lynch, 540 S.W.3d 107 (Tex. App. 2017). · cites it 2× “and unfair and grossly disproportionate"; (4) supported by "no evidence (or in the alternative, insufficient evidence)"; (5) supported by "no evidence (or in the alternative, insufficient evidence)" because the estate of the parties was not divided in a just and right manner;…”
Hagen v. Hagen, 282 S.W.3d 899 (Tex. 2009). · cites it 2× “[32] See TEX. FAM.CODE § 7.001; U.S. v. Stelter, 567 S.”
Barnard v. Barnard, 133 S.W.3d 782 (Tex. App. 2004). · cites it 2× “See Tex. Fam.Code Ann. § 7.001 (Vernon 1998).”
Show all 710 citing cases →
— Tex. Fam. Code § 7.001(1) — 1 case
Gary Willmore v. Zahira Alcover (Tex. App. 2018).
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