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You are here: Home / Archives for Dividing of Community Property

March 28, 2014 by Aaron Tress

Divorce Myth: Courts Often Do Not Divide Property 50/50

One Shot at a “Just and Right” Division of Community Property

Laypersons often believe that a court will divide the marital estate 50/50. However, courts often do not divide marital property equally. One prominent Texas case illustrates this point. In 1981, the Texas Supreme Court heard the Murff case. Murff v. Murff, 615 S.W.2d 696 (Tex. 1981). In Murff, the appellate court overturned the trial court’s division of the marital estate. The Supreme Court, in turn, reversed the appellate court’s ruling and affirmed the trial court’s division of the martial estate:
“The trial court in a divorce case has the opportunity to observe the parties on the witness stand, determine their credibility, evaluate their needs and potentials, both social and economic. As the trier of fact, the court is empowered to use its legal knowledge and its human understanding and experience. Although many divorce cases have similarities, no two of them are exactly alike. Mathematical precision in dividing property in a divorce is usually not possible. Wide latitude and discretion rests in these trial courts and that discretion should only be disturbed in the case of clear abuse.”
Because trial courts have such wide discretion, trial court rulings are usually not overturned in family law matters. One important lesson, then, is to secure the desired results at the trial court level.

Filed Under: Divorce Tagged With: 50/50 split, 615 S.W.2d 696, community estate, Dividing of Community Property, family law, Just and Right, marital propety, Murff v. Murff, trial court discretion

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Family Law Blog

  • Sample Voir Dire Questions and Sample Jury Charge – Custody August 6, 2014
  • The Marital Estate: Community Debts May 2, 2014
  • Divorce Myth: Courts Often Do Not Divide Property 50/50 March 28, 2014
  • Special Appearances: Personal Jurisdiction in Divorce March 7, 2014

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