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Property Division Recent Article List What is Separate Property in Texas? Texas is a community property state and by statute all property held by either or both spouses at the time of divorce is presumed to be community property and thus subject to division by the court. The court is required to divide the community property in a just and right manner. Asset Division in Divorce - What About Tomorrow? Right now, this year, more than ever before; working men and women are facing the long-term financial effects of failed marriages. What can you do today if you are separating assets, because of a divorce? Division of Community Property in Texas The significance of separate property is that a court cannot divest a spouse of their separate property. Therefore, once a court determines that a particular piece of property is separate property, then it must set that property aside to the separate property owner. The burden is upon a spouse to prove that property is his or her separate property by clear and convincing evidence. How Are Retirement Benefits Divided? Retirement Benefits are classified as property and therefore can be subject to a ’just and right’ division by the court. How Texas Court Will Order a Division of Community Property Absent an Agreement Before the court can divide community property, the property needs to be identified and valued. Each spouse is qualified to express an opinion as to the value of property. Recent Property Divsion Blog Posts     All Property Division Blog Posts Related Article Archives Property & Debt Division Property Valuations Premarital Agreements     All Article Archives Navigate:   Home States Texas Divorce Source Texas Divorce Articles, News and Resources Property Division Start Your Texas Online Divorce Today Easy, Fast and Affordable with a 100% Guarantee. Find Texas Divorce Professionals in Your Area: Choose a County! ANDERSON ANDREWS ANGELINA ARANSAS ARCHER ARMSTRONG ATASCOSA AUSTIN BAILEY BANDERA BASTROP BAYLOR BEE BELL BEXAR BLANCO BORDEN BOSQUE BOWIE BRAZORIA BRAZOS BREWSTER BRISCOE BROOKS BROWN BURLESON BURNET CALDWELL CALHOUN CALLAHAN CAMERON CAMP CARSON CASS CASTRO CHAMBERS CHEROKEE CHILDRESS CLAY COCHRAN COKE COLEMAN COLLIN COLLINGSWORTH COLORADO COMAL COMANCHE CONCHO COOKE CORYELL COTTLE CRANE CROCKETT CROSBY CULBERSON DALLAM DALLAS DAWSON DEAF SMITH DELTA DENTON DEWITT DICKENS DIMMIT DONLEY DUVAL EASTLAND ECTOR EDWARDS EL PASO ELLIS ERATH FALLS FANNIN FAYETTE FISHER FLOYD FOARD FORT BEND FRANKLIN FREESTONE FRIO GAINES GALVESTON GARZA GILLESPIE GLASSCOCK GOLIAD GONZALES GRAY GRAYSON GREGG GRIMES GUADALUPE HALE HALL HAMILTON HANSFORD HARDEMAN HARDIN HARRIS HARRISON HARTLEY HASKELL HAYS HEMPHILL HENDERSON HIDALGO HILL HOCKLEY HOOD HOPKINS HOUSTON HOWARD HUDSPETH HUNT HUTCHINSON IRION JACK JACKSON JASPER JEFF DAVIS JEFFERSON JIM HOGG JIM WELLS JOHNSON JONES KARNES KAUFMAN KENDALL KENEDY KENT KERR KIMBLE KING KINNEY KLEBERG KNOX LA SALLE LAMAR LAMB LAMPASAS LAVACA LEE LEON LIBERTY LIMESTONE LIPSCOMB LIVE OAK LLANO LOVING LUBBOCK LYNN MADISON MARION MARTIN MASON MATAGORDA MAVERICK MCCULLOCH MCLENNAN MCMULLEN MEDINA MENARD MIDLAND MILAM MILLS MITCHELL MONTAGUE MONTGOMERY MOORE MORRIS MOTLEY NACOGDOCHES NAVARRO NEWTON NOLAN NUECES OCHILTREE OLDHAM ORANGE PALO PINTO PANOLA PARKER PARMER PECOS POLK POTTER PRESIDIO RAINS RANDALL REAGAN REAL RED RIVER REEVES REFUGIO ROBERTS ROBERTSON ROCKWALL RUNNELS RUSK SABINE SAN AUGUSTINE SAN JACINTO SAN PATRICIO SAN SABA SCHLEICHER SCURRY SHACKELFORD SHELBY SHERMAN SMITH SOMERVELL STARR STEPHENS STERLING STONEWALL SUTTON SWISHER TARRANT TAYLOR TERRELL TERRY THROCKMORTON TITUS TOM GREEN TRAVIS TRINITY TYLER UPSHUR UPTON UVALDE VAL VERDE VAN ZANDT VICTORIA WALKER WALLER WARD WASHINGTON WEBB WHARTON WHEELER WICHITA WILBARGER WILLACY WILLIAMSON WILSON WINKLER WISE WOOD YOAKUM YOUNG ZAPATA ZAVALA Join the Network Texas Divorce Products, Services and Solutions Texas Divorce Resources to Help You Through the Process. Texas Mandatory Online Parenting Class Easy and convenient - complete at your own pace online. Discount Divorce Bookstore Over 100 Titles of the Best Books on Divorce & Custody. Divorce Download Center Instantly Download, Books, Manuals, & Forms. Free Texas Divorce Worksheet & Separation Agreement Your Guide to Get Organized and Put Everything in Writing. Texas refers to custody as conservatorship and possession of a child. Texas law assumes that awarding joint conservatorship is in the best interests of the child. This would pertain to joint legal conservatorship, not necessarily physical conservatorship. The court defines the rights and obligations of each parent. Living arrangements are often designated to the parent that has been the primary caretaker of the child.

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