On 5/4/1999, John Allison <allisonj[_at_]mail.utexas.edu> wrote:
>
> I'm no expert in Texas marital property law, but I do have an expert
> to consult. I just confirmed my recollection from many years ago that
> the separate/community property distinction means a great deal more in
> probate than it does in a divorce proceeding. In divorce, the judge
> has tremendous discretion to split property as she deems to be just
> and equitable; as I understand it, the judge in a divorce proceeding
> can ignore the distinction except in the case of real estate.
It appears that we'll have to wait and see how this affects community property states. However, speaking from personal experience (unfortunately) I know that at least some judges in Texas pay very close attention to these property distinctions in divorce proceedings.
Wes Cochran
Professor of Law
Texas Tech University
xpjwc[_at_]ttacs.ttu.edu
Received on Wed May 05 1999 - 16:45:22 GMT
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