Texas classifies itself as a community property state. This means property acquired during your marriage (with a few exceptions) is presumed to be equally owned by both spouses and must be divided when the marriage ends. But before a Texas court can begin dividing property, it must first classify all assets as separate property or community property.
While that process may be crystal clear to many divorcing couples, others may need clarification on what separate property means.
What Is Separate Property?
The Texas Family Code defines separate property as any assets you owned before the marriage, acquired during the marriage as a gift from a third party or an inheritance, or were awarded during your marriage as damages from a personal injury case, other than loss of earnings. For example, let’s say you had a $75,000 certificate of deposit in your name at your bank before you married. Or, your rich uncle bought you a beach home in Galveston as a college graduation gift. Typically, these would be considered your separate property.
Additional examples of what could qualify as separate property in a divorce case include but aren’t limited to the following:
- A car or boat you still own and purchased before you got married.
- An inheritance from a deceased family member received before or during the marriage.
- Gifts between spouses, if correctly proven.
- Personal injury compensation, unrelated to lost earnings, from a car accident before or during the marriage.
- Additional bank accounts started before the marriage, with funds kept separate and not commingled during the marriage.
If proven to be separate property, these items wouldn’t be divided and would automatically be granted to the rightful owner. That said, it is up to you to prove through clear and convincing evidence that something should be classified as separate property. If you can’t prove that a specific piece of property or assets are separate property, they could be subject to community property guidelines.
It is the Court’s responsibility to divide everything that has been classified as community property in a “just and right” manner for both parties. The Court will base its decision on several factors unless spouses come together and mutually agree to specific terms.
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Looking for family law services in Collin County, Texas? Christman | Daniell is your premier choice. With years of experience and a deep understanding of the legal landscape, our skilled team is dedicated to helping families navigate complex legal matters. Whether it’s divorce, child custody, or adoption, trust Christman | Daniell to provide compassionate and effective representation for all your family law needs throughout Collin County.
Please consult an attorney for advice about your individual situation. The material on this website and in this or any blog article we publish are for informational purposes only and do not constitute legal advice. The attorneys at Christman | Daniell believe in tailoring legal advice and solutions to your own personal circumstances.
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