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Specialty tag(s): Dividing the Marital Home, Property Division

How a Court Reaches a Decision When Dividing Assets

Kathryn J. Murphy | April 26, 2017


The last step is for the court to divide the assets over the parties to reach an agreement in dividing the assets. If the court were dividing the assets are Texas Family Code, provides that the court has to divide the community assets in a manner that he or she deems just and right. And just and right does not necessarily mean 50/50. The court can divide the assets 60/40, 70/30, or another percentage depending on the facts and circumstances of the case. Factors that a court might consider and giving one spouse more than the other are fault in the break of the marriage, a disparity of earning ability, education and future employability of the spouses, adultery, perhaps giving more of the estate to the parent who has primary possession of the children and other factors.

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