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[lundie]

The court only divides the property if the parties can't agree. Texas is a community property state and all assets and debts are presumed to be community property. The exceptions are property acquired before marriage or property acquired during marriage by gift or inheritance. If your mother and her soon to be ex can agree, the Court will approve the agreement unless the Court feels it's very unfair. If it's unfair, you want the Court to step in. Generally, the Court approves what the parties have agreed to do with the property and debts. In a sense, the answer is both--the Court has the power to approve the agreement. It's best for all if they can work it out themselves.

[menw]

if he/she agree then they can divide property, other wise the court will step in and do it for them