Sec. 7.002. DIVISION AND DISPOSITION OF CERTAIN PROPERTY UNDER SPECIAL CIRCUMSTANCES. (a) In addition to the division of the estate of the parties required by Section 7.001, in a decree of divorce or annulment the court shall order a division of the following real and personal property, wherever situated, 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:
(1) property that was acquired by either spouse while domiciled in another state and that would have been community property if the spouse who acquired the property had been domiciled in this state at the time of the acquisition; or
(2) property that was acquired by either spouse in exchange for real or personal property and that would have been community property if the spouse who acquired the property so exchanged had been domiciled in this state at the time of its acquisition.
(b) In a decree of divorce or annulment, the court shall award to a spouse the following real and personal property, wherever situated, as the separate property of the spouse:
(1) property that was acquired by the spouse while domiciled in another state and that would have been the spouse's separate property if the spouse had been domiciled in this state at the time of acquisition; or
(2) property that was acquired by the spouse in exchange for real or personal property and that would have been the spouse's separate property if the spouse had been domiciled in this state at the time of acquisition.
(c) In a decree of divorce or annulment, the court shall confirm the following as the separate property of a spouse if partitioned or exchanged by written agreement of the spouses:
(1) income and earnings from the spouses' property, wages, salaries, and other forms of compensation received on or after January 1 of the year in which the suit for dissolution of marriage was filed; or
(2) income and earnings from the spouses' property, wages, salaries, and other forms of compensation received in another year during which the spouses were married for any part of the year.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997. Amended by Acts 1999, 76th Leg., ch. 692, Sec. 4, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 838, Sec. 4, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 230, Sec. 4, eff. Sept. 1, 2003.
Notes of Decisions
Cited in
13
cases (
2 in the last 5 years), 2002–2025 · leading case:
Zorilla v. Wahid, 83 S.W.3d 247 (Tex. App.—Corpus Christi 2002).
Zorilla v. Wahid, 83 S.W.3d 247 (Tex. App.—Corpus Christi 2002).
· cites it 3× “Under Texas Family Code section 7.002, the “quasi-community property statute,” Texas courts apply a “just and right” property division regardless of the nature of the legal system of the previous domicile of the parties.”
Griffith v. Griffith, 341 S.W.3d 43 (Tex. App.—San Antonio 2011).
“” Tex. Fam. Code Ann. § 7.002 (a) (West 2006).”
In re Claudia Patricia Zaragoza Delgado v. the State of Texas, No. 08-23-00225-CV (Tex. App.—El Paso Oct. 9, 2023).
· cites it 2× “The Court further reasoned Wife’s reliance on Texas Family Code section 7.002(a) was “misplaced” because that section “allows courts to divide property acquired by either spouse while domiciled elsewhere if the property would have been community property had the spouse been…”
Janet Rae Loehr v. Roland Loehr, No. 13-08-00380-CV (Tex. App.—Corpus Christi Aug. 28, 2009).
· cites it 2× “See Tex. Fam. Code Ann. § 7.002 (b) (Vernon 2006) (emphasis added).”
in the Interest of S. B., a Child, No. 05-18-01035-CV (Tex. App.—Dallas Aug. 19, 2019).
“” TEX. FAM. CODE § 7.002(a). Thus, the trial court’s jurisdiction over Subrata extended to community assets he controlled outside of Texas.”
Claudia Susana Martinez Jardon v. Gerd Pfister, 593 S.W.3d 810 (Tex. App.—El Paso 2019).
“]” TEX. FAM. CODE ANN. § 7.002. The trial court therefore had the authority to allocate all of the parties’ property between them, regardless of the location of that property.”
John Doe & Jane Doe v. Katherine Lee Carroll, No. 03-08-00556-CV (Tex. App.—Austin June 23, 2009).
“See Tex. Fam. Code Ann. § 7.002 (West 2006) (court shall order division of property "in a manner that the court deems just and right, having due regard for the rights of each party and any children in the marriage").”
Tex. Fam. Code § 7.002(a): 5 cases
in the Interest of S. B., a Child, No. 05-18-01035-CV (Tex. App.—Dallas Aug. 19, 2019).
“” TEX. FAM. CODE § 7.002(a). Thus, the trial court’s jurisdiction over Subrata extended to community assets he controlled outside of Texas.”
In re Claudia Patricia Zaragoza Delgado v. the State of Texas, No. 08-23-00225-CV (Tex. App.—El Paso Oct. 9, 2023).
“The Court further reasoned Wife’s reliance on Texas Family Code section 7.002(a) was “misplaced” because that section “allows courts to divide property acquired by either spouse while domiciled elsewhere if the property would have been community property had the spouse been…”
Tex. Fam. Code § 7.002(a)(1): 1 case
Tex. Fam. Code § 7.002(b): 2 cases
In re Claudia Patricia Zaragoza Delgado v. the State of Texas, No. 08-23-00225-CV (Tex. App.—El Paso Oct. 9, 2023).
“The Court further reasoned Wife’s reliance on Texas Family Code section 7.002(a) was “misplaced” because that section “allows courts to divide property acquired by either spouse while domiciled elsewhere if the property would have been community property had the spouse been…”
Tex. Fam. Code § 7.002(c): 1 case
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