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Property Division Archives

Understanding the Basics of Community Property in Texas

Texas along with about a dozen other states use the community property standard for valuable things acquired during a marriage. Many states use the common-law system for determining ownership of assets. The common law structure makes determining ownership of property in a divorce easy - if one name is on the title, the lucky person is the owner. But, if two names are on the title, each spouse owns 50% of the asset. The property is not just real estate, but includes, cars, electronics, furniture and other tangible things.

Dealing with the marital home in Texas divorces

When people file for divorce in Texas, the largest single marital asset owned by the couple is often the family home. As a community property state, the marital estate will be divided equally between the spouses, meaning that when the two own a house, the value of the house will be divided with half going to each.

How Texas law handles inheritances in property division

When Texas couples divorce, courts will conduct a division of the marital property. As a community property state, Texas treats all property owned by a couple as either marital property, which will be divided equally between the parties, or separate property, which is not subject to division and rather remains with the spouse who owns it.

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