You’ve always got your boat—the one place to escape, unwind, and feel at peace on the open water. But when your marriage relationship started to decline, your boat suddenly became a point of contention. One day, amid a heated argument, your soon-to-be ex-wife proclaimed, “I’m taking the boat!” That’s when the fear sets in.
Could she take your prized possession in the divorce? Like many Texans, you grappled with how property is divided in a divorce, wondering, “What happens to my boat in a Texas divorce?”
Who Gets the Boat?
In a Texas divorce, how your boat is handled depends on whether it is considered a separate asset or part of the marital estate. Texas is a community property state, meaning assets acquired during the marriage are usually considered community or marital property and will be divided between spouses.
If you bought the boat before the marriage or received the boat as a gift or inheritance during the marriage, it is likely considered separate property. This means the boat belongs to you, and your soon-to-be ex-spouse likely has no claim to it in the divorce. You must provide clear and indisputable evidence proving the separate nature of the boat.
On the other hand, if the boat was purchased during the marriage with shared funds, it is classified as community property. In this case, it will be subject to fair and just distribution.
Some situations can complicate matters. For example, if you used community funds to maintain or improve the boat, your spouse may have a claim to a portion of its value, even if it started as a separate asset.
Ultimately, determining whether your boat is separate or community property is essential in understanding its fate in a Texas divorce. Consulting with a family law attorney experienced in asset division can help clarify your situation and ensure your rights are protected.
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