How is debt and property handled in a divorce?

In Texas, debt and property handled during a divorce depends on whether the couple is married or not. If the couple is married, then the debt and property division are governed by the Texas Family Code. Texas is a community property state, meaning that all debts and property acquired during the marriage are considered community property and are divided equally. This includes any debt incurred and any assets purchased. For example, if one spouse had a credit card debt prior to getting married, the debt would still be considered community property after the marriage. That means that both spouses will be responsible for half of the debt. However, if the couple is not married, then the debt and property division will be governed by the Texas Business & Commerce Code. In this case, the debt and property would not be divided equally and the division would be based on the contribution of each party. In all cases, the court must make a final decision on how the debt and property should be handled. The court will consider a variety of factors such as the length of the marriage, the earning power of each party, and the needs of any minor children in the family. No matter the situation, a divorce proceeding can be complicated and it is best to consult an experienced family law attorney who can help you understand how the law applies to your individual situation.

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