Cibolo, TX Divorce Law Firms & Lawyers

During a divorce, there is a rebuttable presumption that all of your marital assets are community property, regardless of which spouse's name is listed on the title.  A party claiming to have a separate property interest in an item of property (for example, because they traded in another vehicle they owned before the marriage or used separate funds which were in a bank of account before the marriage) has the burden of proving their separate property interest by clear and convincing evidence, which often requires undisputed documentary evidence.  This usually isn't a factor in a marriage that has lasted "years."Upon divorce, your community property will be divided by the court in a manner that is "just and right" which does not necessarily mean 50-50.  The evidence you detail in your question will be considered in making a "just and right" division of your marital assets.  In most cases, barring unusual evidence, each spouse is awarded the motor vehicle they usually drive and is responsible for paying any debt owed that is secured by the vehicle.  If there is a significant disparity in value or equity, the court typically adjusts that using other assets.  Awarding a motor vehicle to one spouse while making the other spouse responsible for the debt is a recipe for post-divorce conflict and proceedings.  A competent and experienced attorney will strongly caution you against agreeing to such an arrangement.  A competent and experienced judge typically will not order it.  

This a good question. It appears as though you are the Respondent in the divorce. You may have filed an Original Answer or simply signed a waiver of service to let the court know you were notified of the divorce proceedings. However, it is important to note that your responsibility doesn't end there. Your divorce decree must specifically state that you are seeking to restore the use of your maiden name. Otherwise, you will have to go through the judicial name change process after the divorce has become final. Your best bet is to schedule a consultation with a local divorce lawyer to review the documents your ex wants you to sign.