Call me, Andrew Culbertson, at 281-783-4173
The division of property is one of the biggest challenges in family law. In the property settlement attendant to a divorce proceeding, the starting point, but rarely the ending point, is that the community property is divided equally between the spouses. However, the "equal division of community property" rule is subject to section 7.001 of the Family Code: "The court shall order a division of the estate of the parties in a manner that the court deems just and right, having due regard for the rights of each party and any children of the marriage." Thus, community property (but not separate property) is subject to the "just and right" equitable division power of the trial court.
Common issues that arise when looking at property division are: