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Texas is a "community Property" state. The spouse's separate Property, consisting of: (1) any Property owned prior to the Marriage; (2) any Property acquired during the Marriage by gift or inheritance; and (3) any recovery for personal injuries which occurred during the Marriage, will be retained by the spouse who owns it. The "community" Property, consisting of any other Property acquired by either spouse during the Marriage, will be divided equally, unless the court finds that equal division would be unjust. In addition, the court may divide Property acquired by either spouse while residing outside of Texas, which would have been community Property if they had acquired it while residing in Texas. The only factors for consideration specified in the statute are a due regard for the rights of each party and any children. Any Property possessed by either spouse during the Marriage is presumed to be community Property unless it can be shown that the Property is actually separate Property. A court can determine the rights of the spouses in any pension or retirement plan or their rights under any insurance policy. [Texas Codes Annotated; Family Code, Chapters 7.001 to 7.006].
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