Texas Divorce Laws | Property Settlement

Texas

In cases that are deemed fit, Texas divorce law states that the court shall award to a spouse the following real and personal property, wherever situated, as the separate property of the spouse: (1) property that was acquired by the spouse while domiciled in another state and that would have been the spouse\'s separate property if the spouse had been domiciled in this state at the time of acquisition; or (2) property that was acquired by the spouse in exchange for real or personal property and that would have been the spouse\'s separate property if the spouse had been domiciled in this state at the time of acquisition. (c) in a decree of divorce or annulment, the court shall confirm the following as the separate property of a spouse if partitioned or exchanged by written agreement of the spouses: (1) income and earnings from the spouses\' property, wages, salaries, and other forms of compensation received on or after January 1 of the year in which the suit for dissolution of marriage was filed; or (2) income and earnings from the spouses\' property, wages, salaries, and other forms of compensation received in another year during which the spouses were married for any part of the year. (Texas Code - Family Code - Chapters: 7.001-7.006)

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