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Texas recognizes community and separate property. Community property is divided in a just and right manner. This does not necessarily mean equally; there are factors such as differences in earnings of the spouses, the nature of the property involved, and fault in the breakup that the Court can consider in the determination of "just and right." However, an equal division is a good rule of thumb.

She may not have to physically return the money but the judge may take that into consideration when determining what is just and right.

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Q: Is Texas a community property state and if so what if a spouse withdraws all monies from all accounts before filing for divorce does the spouse have to return the community monies and properties?
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