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Division Of Property

There are certain categories of property that will be important in your case.

A. Community Property

“Community property” is defined as all property owned by the parties that is not proven to be “separate property”. All property is presumed to be community property unless it can be proven to be “separate property”.

B. Separate Property

“Separate property” is defined as being:

  1. Property owned or acquired prior to marriage
  2. Property received by gift;
  3. Inherited property; or
  4. Monies received for personal injuries.

C. Reimbursement

If “separate property” has been enhanced in value during the marriage, the community estate may be entitled to receive reimbursement for the enhanced value of the property.

D. How do the Courts Divide Property?

Texas is not a “50/50” state. Our Courts divide property in “just and right” manner, having regard for the rights of each party and the children of the marriage. Property can and often is divided disproportionately in favor of one spouse or another.

Higdon, Hardy & Zuflacht, L.L.P. 12000 Huebner Rd #200 San Antonio, TX 78230 Telephone: (210) 349-9933 Fax: (210) 349-9988
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