What Happens to the Community Property after Divorce?

Knowing whether a property is characterized as community or separate is very important when you divorce.  When filing for divorce, if there is no agreement between the spouses as to the division of the property, the court will be the one to decide on this matter. Texas Law on Community Property Texas follows the rules on community property when it comes to the property of the husband and wife. Community property essentially means that most, if not all, of the properties acquired during the subsistence of the marriage belong to both the spouses. This type of property settlement follows the rule of “what is mine is yours and what is yours is mine.”  These properties shared by the spouses must be  liquidated and divided at the time of divorce. When the marriage ends, they each get to own and keep their separate properties and get their respective portions of the community property.  What is Separate Property Separate property is defined as any…

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