Tex. Codes » Family Code · TITLE 1. THE MARRIAGE RELATIONSHIP · SUBTITLE C. DISSOLUTION OF MARRIAGE · CHAPTER 7. AWARD OF MARITAL PROPERTY
Texas Codes

Tex. Fam. Code § 7.008 (2026)

Consideration Of Taxes

✓ laws through the 89th Legislature (2025)
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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.—Houston [14th Dist.] 2011).
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Quijano v. Quijano, 347 S.W.3d 345 (Tex. App.—Houston [14th Dist.] 2011). “Tex. Fam.Code § 7.008; Corrick v. Corrick, 01-09-00656-CV, 2011 WL 664007 , at *5 (Tex.”
Younan Nowzaradan v. Delores Nowzaradan, No. 01-05-00094-CV, 2007 WL 441709 (Tex. App.—Houston [1st Dist.] Feb. 8, 2007). “] 1991, writ denied); Tex. Fam. Code Ann. § 7.008 (Vernon 2006) (authorizing consideration of tax consequences).”
Lori Dawn Coleman v. Milburn Lee Coleman, No. 09-06-00171-CV, 2007 WL 1793756 (Tex. App.—Beaumont June 21, 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, No. 14-10-00567-CV (Tex. App.—Houston [14th Dist.] July 28, 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, No. 01-11-00132-CV, 2013 WL 1694861 (Tex. App.—Houston [1st Dist.] Apr. 18, 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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