Property Division

Property Division

In Texas, all income and purchase property earned during the marriage is community property. That means it belongs to both spouses equally. During a divorce property must be divided equally. This also includes debts incurred during the marriage. However, if the court determines there is a “just and right” reason assets should not be divide equal a court order my result in unequal division.

Common types of community property include the family home, clothing, cars, investments, savings, clothing, jewelry. All community property and debts will be divided when the marriage ends unless the spouse can proved that the property is separate property since they owned it before the marriage took place.

Considered questions:

  • Who gets the house?
  • Who is responsible for credit card debt?
  • Who gets the cars?
  • What happens if we have unpaid bills?
  • How are things we have divided?
  • Are all the things we have divided equally?
  • Is community property always divided equally?
  • What if I owned things before the marriage?
  • Do I have to leave the family home if she kick me out?
  • Can I stay in our home during the divorce?
  • Can she kick me out?
  • What is community property?
  • What is separate property?

 

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