When a marriage ends, it’s not just about splitting bank accounts or deciding who gets the house. One of the most common questions people have is: Who gets the furniture, electronics, jewelry, and other personal belongings?
The answer depends on Texas law, specifically the Texas Family Code, and how property is classified and valued. Understanding how Texas courts divide assets like furniture and personal items can help you prepare for a smoother divorce process and avoid unnecessary stress.
For personalized advice, please contact Attorney Tyler Monahan, partner at Turner-Monahan, PLLC, to discuss your case.
Basic Requirements to File for Divorce in Texas
In Texas, community property rules apply. This means most property acquired during the marriage, regardless of whose name is on the receipt, is considered community property and subject to division.
Under Texas Family Code § 3.002, community property is defined as:
“…the property, other than separate property, acquired by either spouse during marriage.”
Separate property, under § 3.001, includes:
- Property owned before the marriage
- Inheritances or gifts received by one spouse during the marriage
- Personal injury compensation (excluding lost wages)
Example:
If you bought a couch together while married, it’s likely community property. But if one spouse received a vintage armoire as a gift from a parent, that could be separate property.
What Furniture and Personal Belongings Are Considered in Divorce?
Texas courts consider a wide range of items, including:
- Living room and bedroom furniture
- Kitchen appliances (if not built-in)
- Jewelry and watches
- Tools, electronics, collectibles
- Art, musical instruments
- Personal items like handbags, shoes, and décor
It’s not just big-ticket items. Even smaller belongings can be subject to dispute during a divorce asset split or marriage asset division, especially if emotions are high.
How Courts Decide Who Gets What
Texas courts aim for a “just and right” division, not necessarily a 50/50 split. This is outlined in Texas Family Code § 7.001, which says:
“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…”
Judges may consider:
- Each spouse’s earning power and financial condition
- Who primarily used or maintained an item
- Whether the item is tied to a spouse’s profession or needs
- Wasteful or harmful behavior (e.g. one spouse giving away property out of spite)
Example:
If one spouse is a musician, they may be awarded a professional-grade keyboard. If the couple can’t agree on a TV or sofa, the court may order it sold and the money split.
What Happens If There’s a Prenup or Postnup?
Prenuptial agreement lawyers and postnuptial agreement services can help prevent conflict. These legal agreements can decide beforehand how assets, including personal items and furniture, will be split in the event of divorce.
Courts will usually honor a valid agreement made before or during marriage under Texas Family Code § 4.003 (for prenups) and § 4.103 (for postnups).
Pro tip: If you’re worried about a future split, getting advice from a spousal maintenance attorney or family law attorney in Texas before marriage can save you a lot of stress later.
Common Disputes Over Belongings
Many couples argue over:
- Who gets the pets (Note: Texas treats pets as property)
- Who keeps sentimental items or heirlooms
- How to split collections or shared hobby items
- Whether one spouse took furniture before the divorce was filed
Working with an affordable family lawyer or a divorce attorney near me can help sort out these issues early and reduce conflict.
Can We Just Agree on the Division Ourselves?
Yes. If both parties agree on how to split furniture and belongings, you can present that agreement in your divorce proceedings. Courts will usually approve if it seems fair.
This is common in uncontested divorces, which are faster, cheaper, and less stressful. For couples trying to keep costs low, working with an affordable divorce attorney can help resolve things peacefully.
What If We Can’t Agree?
If you’re going through a contested divorce, the court will step in and make the call.
That’s when working with an experienced divorce attorney in Fort Worth, Cleburne family law attorney, or Dallas family law firms becomes critical. The right legal team can help build your case and protect your interests in court.
Turner-Monahan PLLC: Experienced Family Law Representation You Can Trust
When it comes to dividing personal belongings during divorce, things can get messy, fast. From your living room furniture to your wedding china, the Texas courts will view each item through the lens of fairness, ownership, and necessity.
At Turner-Monahan, PLLC, we’ve helped thousands of families across Texas navigate the most difficult moments with clarity and care. Schedule a free, no-obligation consultation with Attorney Tyler Monahan to discuss the details.
Disclaimer
The commentary and opinions are for informational and educational purposes only and are not intended to provide legal advice. You should contact an attorney in your state to obtain legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PLLC, by signing a written retainer agreement.
