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Dividing Property Not Divided on Divorce or Annulment

Either spouse may file a suit seeking a division of property not divided or awarded in the final decree.  However, the suit must be filed within two years of the date that a former spouse unequivocally repudiates the existence of the ownership interest of the other spouse and communicates that repudiation.

Division When Prior Court Had Jurisdiction

If the court had jurisdiction over the property or the spouses, then the court shall divide the property in a manner that the court deems just and right, having due regard for the rights of each party and any children of the marriage. If the decree was rendered in a court of another state then the Texas court will apply the law of that state as required by the U.S. Constitution’s Full Faith and Credit Clause.

Division When Prior Court Lacked Jurisdiction

If the court failed to divide an asset because it lacked jurisdiction over the person or asset, but then acquires jurisdiction, that court may divide the property in a manner that the court deems just and right, having due regard for the rights of each party and any children of the marriage.