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Uncontested Divorce in TEXAS
TEXAS IS A COMMUNITY PROPERTY STATE
When dividing property you must first decide what asset or debt is community and what is separate property. Next you must decide what the property is worth or what is the balance of the debt owed. Finally, you must decide which party is to receive the asset and/or debt.
SEPARATE VS COMMUNITY DEBT
It does not matter whose name the asset or debgt is in. Everything either party owns or owes is presumed by law to be part of the community estate unless a party can prove otherwise.
Separate property is:
- Anything owned before marriage and the appreciation or increase in value of that property
- Inheritances or gifts (from others or from a spouse)
- Personal injury damage awards (except for loss of earnings)
- Property exchanged for other separate property
Community property is:
- All property other than separate property acquired by either spouse during marriage (including wages)
- Income, rent, or interest earned on separate property