W. Tyler Moore, PC

Property Division in Texas

Property division in Texas can be interesting where spouses jointly own property which is not community property.  If property is community property, it can be divided by the court in a divorce in a manner deemed "just and right".  Again, like the "best interest" of a child in the earlier blog, it is a matter of judicial discretion.  The court does NOT have to divide marital property equally.  So long as the court's decision is not an abuse of discretion (again a legal term which is defined in case law and not in statutes), the decision will stand on appeal.

But when the couple own property jointly and it does not meet the definition of community property, then the court has no power to divest either spouse's interest in the property.  That can lead to uncomfortable circumstances in the future.  The parties can agree to sell the property to a third party, one can buy the other's interest in the property, or they can continue to own the property jointly and deal with the issues as they arise. This is generally so whether the property is real estate, a business, or a piece of furniture.   If the parties cannot agree upon  a price for the jointly owned property to sell to a third party or to sell between themselves, the a judicial partition is the answer. A judicial partition is basically the sale of the property by a court-appointed receiver which is expensive and time-consuming, generally guaranteed to make both parties unhappy

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