Separate Property in Texas Divorce Law

Texas law provides for the division of property in a divorce. Texas is considered a community property state which means that usually property acquired during marriage belongs to both spouses.

In some cases certain assets may be considered separate property. Separate property may not have to be divided as a result of divorce.

In most cases community property is considered to be any property that either spouse acquires during marriage. Separate property is anything one spouse on prior to marriage, properly inherited by only one spouse, or received as a gift by only one spouse. Recoveries for personal injury sustained by only one spouse except the portion of any award intended to compensate for lost earnings is also considered community property.

In a contested divorce proceeding all property is presumed to be community property unless the party claiming separate property can prove it by a preponderance of the evidence.

In Texas community property includes any property acquired during the marriage no matter whose name or what state it was purchased in or located. Any income from separate property is also considered community property although any appreciation in the value of the underlying asset remains separate.

Sometimes assets can be co-mingled in such a way that according to records it isn't possible to ascertain a clear distinction between community and separate property. In these cases community presumption will override making all of the assets community property.

The division of community property may be agreed upon by the parties being divorce in writing prior to the divorce proceeding. If the two parties cannot reach an agreement than the court will decide how the property is divided.

Separate Property (Family) in Texas Law

Family Code

Separate+property+divorce*

pertaining to enforcement, changing separate property to community property, loss of property ownership, division and disposition of certain property under special circumstances, divorce decree, agreement to convert separate property to community property

Family In The News
Resettle Nauru child refugees, two independents tell Australia PMRUETERS: WORLD NEWS10/22/2018
WATCH: Police interview 11-year-old about the murder of his father's fiancee: Part 2ABC NEWS US HEADLINES10/20/2018
WATCH: Judge finds 14-year-old Jordan guilty of murdering woman, her unborn child: Part 5ABC NEWS US HEADLINES10/20/2018
'Affluenza mom' released on bond after failing drug testABC NEWS US HEADLINES10/18/2018
Talks Of Family Separation Spur Following A Migrant Caravan Heading For The U.S. BorderNPR NEWS10/18/2018
Judge orders U.S. to review asylum for separated migrant familiesRUETERS US NEWS10/18/2018
Family members say seven Venezuelans killed in remote gold mineRUETERS: WORLD NEWS10/17/2018
U.S. wants ruling on 'Dreamers' in Supreme Court's current termRUETERS US NEWS10/17/2018
Pakistan executes man convicted of killing 8 childrenABC NEWS: TOP STORIES10/17/2018
Serial killer of 8 children executed at Pakistani prisonABC NEWS WORLD HEADLINES10/16/2018
Indian court gives life sentence to guru, 14 followersABC NEWS WORLD HEADLINES10/16/2018
Trump says family separations deter illegal immigrationRUETERS US NEWS10/13/2018
American pastor en route home to U.S.: lawyerRUETERS: WORLD NEWS10/12/2018
REFILE-FOCUS-Wells Fargo touts good deeds to get back in lawmakers' good gracesRUETERS: COMPANY NEWS10/11/2018
REFILE-RPT-FOCUS-Wells Fargo touts good deeds to get back in lawmakers' good gracesRUETERS: COMPANY NEWS10/11/2018
  

John Q. Lawyer

Attorney at Law

This ad space is available. If you are an attorney in the Wichita Falls area that handles matters involving separate property, click here for more information.

Family-Separate Property 00000000