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DIVISION OF PROPERTY IN DIVORCE
We review a trial court's division of community property for an abuse of discretion. Murff v. Murff, 615
S.W.2d 696, 698 (Tex. 1981).[5] The test for an abuse of discretion is whether the trial court acted
arbitrarily or unreasonably, or whether it acted without reference to any guiding rules or principles. Swaab
v. Swaab, 282 S.W.3d 519, 524 (Tex. App.-Houston [14 Dist.] 2008, pet. dism'd w.o.j.). A trial court's
division need not be equal and may take into consideration many factors, such as the spouses' capacities
and abilities, benefits which the party not at fault would have derived from a continuation of the marriage,
business opportunities, education, relative physical conditions, relative financial conditions and obligations,
disparity in age, size of separate estates, the nature of the property, and disparity in income and earning
capacity. See Murff, 615 S.W.2d at 699; Markowitz v. Markowitz, 118 S.W.3d 82, 90-91 (Tex. App.-Houston
[14th Dist.] 2003, pet. denied).
Knight v. Knight (Tex.App.- Houston [14th Dist.] Oct. 29, 2009)(Hedges)
(divorce property division, reimbursement claim, preservation of error for appellate review)
AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Chief Justice Hedges
Before Chief Justice Hedges, Justices Brock Yates and Frost
14-08-00424-CV Monica Faye Knight v. Bobby Wayne Knight
Appeal from 246th District Court of Harris County
Trial Court Judge: Jim York
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