Property Ownership

A Texas couple divorces. They own a home with a $200,000 equity as community property. Under default Texas property division, each spouse is entitled to:

ANothing until the court decides
BAn equal 50% share of the community property ($100,000 each)✓ Correct
CWhatever the judge decides with no statutory guidance
DThe spouse who lived in the home receives all equity

Explanation

Under Texas Family Code, community property is divided 'just and right' upon divorce, which typically (but not always) means equally. Each spouse has an equal undivided interest in community property during marriage.

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