There are two kinds of property that will need to be taken care of in a Divorce Decree.

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 Courts Divide Property

In general, Texas courts divide community property "50/50" in a divorce. However, the
Court can divide community property in "just and right" manner, having regard for the
rights of each party and the children of the marriage. Property can be divided
disproportionately in favor of one spouse under certain circumstances. Ask your
attorney about this.

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