Texas Codes

Tex. Fam. Code § 7.002 (2026)

Division And Disposition Of Certain Property Under Special Circumstances

✓ current as of May 2026

Find cases: SyfertCases citing this section TX-LEGstatutes.capitol.texas.gov Justiaon Justia CornellLII Search CasesGoogle Scholar

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. 2002).

Sort: Relevance Newest Treatment

Zorilla v. Wahid, 83 S.W.3d 247 (Tex. App. 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. 2011). “” Tex. Fam. Code Ann. § 7.002 (a) (West 2006).”

In Re: Claudia Patricia Zaragoza Delgado v. the State of Texas (Tex. App. 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…”

Stanley A. Tener v. Short Carter Morris LLP & Adam J. Morris (Tex. App. 2014). · cites it 2× “TEX. FAM. CODE ANN. § 7.002(a), (b) (Vernon 2006) (emphasis added).”

Janet Rae Loehr v. Roland Loehr (Tex. App. 2009). · cites it 2× “See Tex. Fam. Code Ann. § 7.002 (b) (Vernon 2006) (emphasis added).”

in the Interest of S. B., a Child (Tex. App. 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 (Tex. App. 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.”

Fraccionadora Y Urbanizadora De Juarez, S.A. De C v. Inmobiliaria Y Constructor Berza, S.A. De C v. Aeroservicios De Viaje, S.A. De C v. Abba-Farma, S.A. De C v. & Juan Carlos Bermudez Espinosa/Claudia Patricia Zaragoza Delgado v. Claudia Patricia Zaragoza Delgado/Fraccionadora Y Urbanizadora De Juarez, S.A. De C v. Inmobiliaria Y Constructor Berza, S.A. De C v. Aeroservicios De Viaje, S.A. De C v. Abba-Farma, S.A. De C v. & Juan Carlos Bermudez Espinosa (Tex. App. 2020). “Wife’s reliance on TEX.FAM.CODE ANN. § 7.002(a) is also misplaced.”

Bernabe Felix Serna v. Martha Serna (Tex. App. 2025). “” TEX. FAM. CODE ANN. § 7.002(a)(1); see Zorilla, 83 S.”

Yundlander Jones v. Claude Jones (Tex. App. 2014). “Tex. Fam. Code Ann. § 7.001 (West 2014); Murff v.”

John Doe & Jane Doe, as Parents & Next Friends of Jane Doe II v. Katherine Lee Carroll & Billy Dan Carroll (Tex. App. 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").”

Kenneth Richard Griffith v. Martha Hightower Griffith (Tex. App. 2011). “” TEX. FAM. CODE ANN. § 7.002(a) (West 2006).”

Show all 13 citing cases →

— Tex. Fam. Code § 7.002(a) — 5 cases

In Re: Claudia Patricia Zaragoza Delgado v. the State of Texas (Tex. App. 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…”

Stanley A. Tener v. Short Carter Morris LLP & Adam J. Morris (Tex. App. 2014). “TEX. FAM. CODE ANN. § 7.002(a), (b) (Vernon 2006) (emphasis added).”

Kenneth Richard Griffith v. Martha Hightower Griffith (Tex. App. 2011). “” TEX. FAM. CODE ANN. § 7.002(a) (West 2006).”

— Tex. Fam. Code § 7.002(a)(1) — 1 case

Bernabe Felix Serna v. Martha Serna (Tex. App. 2025). “” TEX. FAM. CODE ANN. § 7.002(a)(1); see Zorilla, 83 S.”

— Tex. Fam. Code § 7.002(b) — 2 cases

Stanley A. Tener v. Short Carter Morris LLP & Adam J. Morris (Tex. App. 2014). “TEX. FAM. CODE ANN. § 7.002(a), (b) (Vernon 2006) (emphasis added).”

— Tex. Fam. Code § 7.002(c) — 1 case

in the Est. of James A. Loftis, Jr. (Tex. App. 2015).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.