Texas Codes
Tex. Fam. Code § 7.008 (2026)
Consideration Of Taxes
✓ current as of May 2026
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Sec. 7.008. CONSIDERATION OF TAXES. In ordering the division of the estate of the parties to a suit for dissolution of a marriage, the court may consider:
(1) whether a specific asset will be subject to taxation; and
(2) if the asset will be subject to taxation, when the tax will be required to be paid.
Added by Acts 2005, 79th Leg., Ch. 168 (H.B. 203), Sec. 1, eff. September 1, 2005.
Notes of Decisions
Cited in 5
cases, 2007–2013 · leading case: Quijano v. Quijano, 347 S.W.3d 345 (Tex. App. 2011).
Quijano v. Quijano, 347 S.W.3d 345 (Tex. App. 2011). “Tex. Fam.Code § 7.008; Corrick v. Corrick, 01-09-00656-CV, 2011 WL 664007 , at *5 (Tex.”
Younan Nowzaradan v. Delores Nowzaradan (Tex. App. 2007). “] 1991, writ denied); Tex. Fam. Code Ann. § 7.008 (Vernon 2006) (authorizing consideration of tax consequences).”
Lori Dawn Coleman v. Milburn Lee Coleman (Tex. App. 2007). “When dividing community property, the trial court may consider many factors, including each party's earning capacity, abilities, education, business opportunities, physical health, financial condition, age, and size of separate estates, as well as any future needs for support,…”
Guillermo Quijano, Jr. v. Marita Quijano (Tex. App. 2011). “Tex. Fam. Code § 7.008; Corrick v. Corrick , 01-09-00656-CV, 2011 WL 664007 , at *5 (Tex.”
Nancy W. Richard v. Charles David Towery (Tex. App. 2013). “The Court also considered taxes as specified in Tex. Fam. Code § 7.008. 6. The division of the property of [Towery] and [Richard] effected by the final judgment is just and right, having due regard for the rights of each party.”
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