TX Bar Family Law 2 — Questions and Answers
Question 1: Under the Texas Family Code, what is the legal presumption regarding property acquired by either spouse during marriage?
- It is separate property of the acquiring spouse
- It is community property (Correct answer)
- It is held as joint tenancy with right of survivorship
- It belongs to whichever spouse earned the income
Correct answer: It is community property
Texas Family Code §3.002 presumes that property acquired during marriage is community property unless clearly and convincingly shown to be separate property.
Question 2: Which of the following is NOT a statutory ground for divorce under the Texas Family Code?
- Insupportability
- Adultery
- Irreconcilable differences (Correct answer)
- Cruel treatment
Correct answer: Irreconcilable differences
Texas uses 'insupportability' as its no-fault ground; 'irreconcilable differences' is a California-style term that does not appear in the Texas Family Code.
Question 3: What is the mandatory waiting period before a Texas court may grant a divorce after the original petition is filed?
- 30 days
- 60 days (Correct answer)
- 90 days
- 6 months
Correct answer: 60 days
Texas Family Code §6.702 prohibits a court from granting a divorce before the 60th day after the petition was filed, absent limited exceptions.
Question 4: Under Texas law, which of the following is classified as a spouse's separate property?
- Wages earned by either spouse during the marriage
- Real estate purchased with community funds during marriage
- An inheritance received by one spouse during marriage (Correct answer)
- Rental income derived from community property
Correct answer: An inheritance received by one spouse during marriage
Texas Family Code §3.001 defines separate property to include property acquired by gift, devise, or descent, including inheritances received during marriage.
Question 5: What standard does a Texas court apply when dividing community property upon divorce?
- Strict equal (50/50) division in all cases
- Just and right division having due regard for the rights of each party (Correct answer)
- Equitable distribution based solely on financial contributions
- Division solely according to a written marital agreement
Correct answer: Just and right division having due regard for the rights of each party
Texas Family Code §7.001 requires courts to divide the community estate in a 'just and right' manner, which may result in an unequal split based on relevant equitable factors.
Question 6: How may a finding of marital fault affect community property division in a Texas divorce?
- Fault is irrelevant and may not be considered in any property division
- Fault may be one factor supporting a disproportionate award to the innocent spouse (Correct answer)
- Fault automatically entitles the innocent spouse to 60% of community property
- Fault only affects attorney fee awards, not property division
Correct answer: Fault may be one factor supporting a disproportionate award to the innocent spouse
Texas courts may consider fault—such as adultery or cruel treatment—as one factor when making a just and right division of community property.
Question 7: Which of the following debts is presumed to be a community debt under Texas law?
- A student loan incurred by one spouse before marriage
- A credit card debt incurred by one spouse during marriage for household expenses (Correct answer)
- A mortgage executed solely by one spouse before marriage
- Medical debt from an illness one spouse had prior to marriage
Correct answer: A credit card debt incurred by one spouse during marriage for household expenses
Just as property acquired during marriage is presumed community, debts incurred during marriage are presumed to be community obligations under Texas law.
TX Bar Family Law 2
Under the Texas Family Code, what is the legal presumption regarding property acquired by either spouse during marriage?