How does the court divide the marital property?
Texas courts are mandated to divide the community property in a manner that the judge deems just and right. The court cannot divest or divide a spouse’s separate property. As many factors must be considered when a just and right division of the community property is made, the technique for dividing the marital assets can be very complicated. Issues regarding disposition of the homestead, division of retirement benefits, and payment of attorney’s fees, further compound the problem.
