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| | Property Division |
 | | If the parties cannot agree on a division of property, then the court will divide the parties' community property "in a manner the court deems just and right, having due regard for the rights of each party and any children of the marriage" at trial. |
 | | The Court, in making a division, may consider disparity of income, education and training, health, age, fault in the breakup of the marriage, nature of the property, custody and any special needs of the children, and the parties' capabilities. |
 | | The burden is upon the spouse claiming separate property to prove that it is separate property by clear and convincing evidence. |
| www.houston-familylaw.com /Property.htm (537 words) |
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