DIES, Chief Justice.
This action is one for divorce. A jury was demanded and the trial proceeded to a jury. On the following day, Appellant, who was not represented by counsel during the trial, and Appellee's attorney requested that the case be withdrawn from the jury. Defendant (Appellant) Weaks withdrew opposition to the granting of the divorce, stipulating that custody of the two minor children involved be withdrawn from the jury and withdrawing his opposition to the plaintiff's (Appellee's) request for custody.
It was further agreed,
Subsequently, the Court entered judgment disposing of custody, support and division of the community property.
Appellant poses two points of error: (1) That the trial court erred in directing Appellant to pay the sum of $9000.00 cash to Appellee because the community property did not consist of any cash; and (2) The trial court abused its discretion in making an equitable division of the community property of the parties.
We reject both contentions.
Community property consisted of a homestead, furniture, household fixtures, two automobiles, certain household appliances, equity in a 30-ton Crane, a business, the business inventory, the business accounts receivable in excess of $14,000.00, an airplane, and certain other items. There is in evidence a financial statement filed by the Appellant showing a net worth as of July 12, 1970, of $108,793.57.
In dividing the community estate so as to achieve an equitable balance, we hold that the Court may order either party to pay a cash sum to the other even if there be no cash to be divided.
In McCauley v. McCauley, 374 S.W.2d 719, 721 (Tex.Civ.App., Waco, 1963, error dism.), the Court,
The discretion and power in the trial court to determine questions of fact concerning division of the property between parties in a divorce is very wide. See 20 Tex.Jur.2d, § 207 and the numerous authorities cited thereunder.
Section 3.63 of the Family Code, V.T.C. A. is as follows:
We do not believe Section 3.63 of the Family Code, V.T.C.A. was intended to take any of the discretion and power from the trial court.
Furthermore, the judgment recites that the division of the community property was agreed to by the parties, as follows:
Also, Appellant apparently personally signed the judgment as "Approved".
The judgment of the trial court is affirmed.