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49 Baylor L. Rev. 417 (1997)
Division of Property at the Time of Divorce

handle is hein.journals/baylr49 and id is 427 raw text is: DIVISION OF PROPERTY AT THE TIME OF DIVORCE*

Barbara Anne Kazen
TABLE OF CONTENTS
I.     INTRODUCTION    .............................................................................. 417
II.    HISTORY AND OVERVIEW OF TEXAS FAMILY CODE
SECTION   3.63  ................................................................................. 4 19
III.   FACTORS CONSIDERED IN DIVISION OF PROPERTY ....................... 424
IV.    EQUITABLE REIMBURSEMENT ....................................................... 428
V.     ILLUSTRATIVE CASES OF DISPROPORTIONATE AWARDS .............. 432
A. Disproportionate Awards Upheld .......................................... 432
B. Disproportionate Awards Reversed ....................................... 434
VI.    TECHNIQUES FOR SPECIFIC ASSETS AND SITUATIONS .................. 435
V II.  C ONCLUSION  .................................................................................. 443
I. INTRODUCTION
A common misconception among laypersons, as well as some attorneys
who do not practice in the family law area, is that a court will, at the time
of divorce, equally divide property that the spouses held in common
during the marriage. This misperception stems from the fact that, during
the existence of the marriage as well as upon the death of one of the
spouses, the law treats the spouses as equal partners in all that they
acquired through their talents and labors. By statute, however, the court
must enter a division of the estate of the parties in a manner that the court
deems just and right, considering the rights of each spouse and any
children of the marriage.' The just and right standard often leads to a
disproportionate division of assets and liabilities, determined by
circumstances that courts may consider in refusing to divide the estate
'Some of the material included in this Article is taken from Kazen's Practical Texas Family
Law Code, Manual and Forms, Volume 1, and reprinted with permission of the publishers.
J.D., University of Texas School of Law, September 1965; Board Certified Family Law-
Texas Board of Legal Specialization; Fellow, American Academy of Matrimonial Lawyers;
Certified Matrimonial Mediator; former Associate Professor at Baylor University School of
Law and University of Texas School of Law; Editor of Kazen's Practical Texas Family Law
Code, Manual and Forms.
'TEX. FAM. CODE ANN. § 3.63 (Vernon 1993).

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