
Hey folks, Mark Scroggins with Scroggins Law Group and before we get into these Q and A’s want to remind everybody that this is just providing a general answer to questions that are posed by our listenership and viewership out there. So at no time does that create an attorney client relationship between you and me, or between you and any member of Scroggins Law Group. So I hope these questions are good for you and answer some of the questions that you got. What assets debts and property is considered during a divorce any marital property, any community property that you own is going to be subject to division. Under the Texas Family Code, community property includes all assets and debts acquired by either spouse during the marriage, regardless of whose name appears on the title or account, and carries a legal presumption of joint ownership that can only be rebutted by clear and convincing evidence. This extends beyond real estate and bank accounts to wages, retirement savings accumulated while married, business interests developed during the marriage, and debts incurred jointly or individually. Texas courts divide this property under a “just and right” standard, meaning the split is not automatically 50/50 but is instead shaped by factors such as each spouse’s earning capacity, fault in the marriage’s dissolution, and the needs of any children involved. If community property is not addressed in the Final Decree of Divorce, it remains subject to division through a post-divorce partition suit, so make sure you’ve got a true list of everything that you and your spouse own when it gets down to the division of the marital estate.