Separate Property

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 (Divorce) 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

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John Q. Lawyer

Attorney at Law

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