• Home
  • About
  • Services
    • Family Law
    • Criminal Defense
  • Resources
    • Blog
    • FAQ's
    • Forms
  • Contact
MICHAEL DIAZ LAW PC
  • Home
  • About
  • Services
    • Family Law
    • Criminal Defense
  • Resources
    • Blog
    • FAQ's
    • Forms
  • Contact
                                         

Community Property in a Texas Divorce

10/29/2020

 
​The Texas Family Code § 3.002 defines community property as that “property, other than separate property, acquired by either spouse during the marriage.”  This leads to the obvious questions- what is separate property?

Separate property is generally one of three things:
1.      Property owned prior to marriage;
2.      Property acquired by a spouse by gift or inheritance; or
3.      Any recovery for personal injuries sustained during the marriage, except for loss of earnings.


So, generally, property that doesn’t fall within one of those three categories is considered community property.  Texas law also presumes that property possessed by either spouse during the marriage is community property.  The spouse claiming that a piece of property is separate has the burden of proving that the property is, in fact, separate and not community property. 

How a property is titled does not determine if it is separate or community property.  For instance, if a married couple purchased a house but only put one name on the mortgage and title to the property, then the house would still be community property despite having only one name on the title.  The house was purchased during the marriage and, absent other facts, it would be community property.

 If you were married later in life you may have already acquired substantial separate property before the marriage.  On the other hand, all property owned by you and your spouse may be community property that needs to be divided in the divorce.  An attorney can sit down with you and review all property that might be involved in the divorce and whether Texas divorce law would consider it community or separate property.  

if you have questions and would like to schedule a consultation, you can contact our office at at michael@michaeldiazlaw.com or 972-542-6820.  



    Author

    Michael Diaz
    Family and Criminal Defense Law

    Archives

    February 2023
    January 2023
    December 2022
    November 2022
    January 2022
    December 2021
    November 2021
    October 2021
    July 2021
    May 2021
    March 2021
    February 2021
    January 2021
    December 2020
    November 2020
    October 2020
    September 2020
    August 2020
    May 2020
    April 2020

    Categories

    All

    RSS Feed

  • Home
  • About
  • Services
    • Family Law
    • Criminal Defense
  • Resources
    • Blog
    • FAQ's
    • Forms
  • Contact