Division of property in Texas divorce proceeding.

Full Question:

my husbands is a truckdrive. he cane bring is truck home. we only have 1 car i use that for work.cane i get the car in the.
08/20/2009   |   Category: Divorce   |   State: Texas   |   #18174

Answer:

All marital assets and liabilities must be divided between the spouses in any divorce proceeding. You, the wife, have as much right to claim the car as your husband; moreover, you may have a more compelling claim to the car than he does as you use the car to get to and from work and he doesn't.

Marital Assets Law & Legal Definition.

Marital assets refers to all property acquired during the course of the marriage, regardless of ownership or who holds the title to it. Examples of marital assets may include, among others, house(s), cash, stocks, bonds, cars, pensions, and insurance. Most courts also treat the increase in value of a premarital asset as a marital asset.

In community property states, and Texas is a community property state, assets are categorized as separate property and not a marital asset if a) it was acquired before marriage, b) it was acquired by inheritance, c) it was a gift, d) it consists of assets traceable to other separate property such as money received from sale of a house owned before marriage, and e) the spouses agree is separate property.