The trial court abused its discretion in awarding these cars to appellee without ascertaining from evidence in the record, admissions or agreement, who had possession at the time of the hearing. See Dodson, 664 S.W.2d at 160; Stitcher v. Stitcher, 617 S.W.2d 285 (Tex.Civ.App. — Tyler 1981, no writ). Appellant's seventh point of error is sustained with regard to the 1965 and 1970 Mustangs. The judgment of the trial court is reversed and remanded with regard to the trial court's award of the 1965 and 1970 Mustangs.
However, it is well settled in Texas that when a divorce decree merely fails to provide for division of the property, the former spouses become tenants in common with a right of partition. Busby v. Busby, 457 S.W.2d 551, 554 (Tex. 1970); Taylor v. Catalon, 140 Tex. 38, 166 S.W.2d 102, 104 (1943); Jacobs v. Cude, 641 S.W.2d 258, 259 (Tex.App. — Houston [14th Dist.] 1982, no writ); Stitcher v. Stitcher, 617 S.W.2d 285, 288 (Tex.Civ.App. — Tyler 1981, no writ). There is nothing in the record before us to indicate that division of the community property was severed from the divorce. Therefore, the 1967 rendition was not interlocutory; it divorced the parties and made them tenants in common of any community property.