Seperate Property in a Texas Divorce

One of the main goals in a Texas divorce is to divide the assets from a marriage, however, not all assets are community property. Separate property is property that was acquired or created apart from the marriage. 

Community property is defined as property acquired by the spouses during the marriage "other than separate property." Separate property is generally not divided upon divorce and will remain the property of the spouse that owns it. 

Separate property includes all property that was owned by a spouse prior to the marriage. It also includes property such as gifts, inheretance, or personal injury recoveries that one spouse receives individually. It can even include gifts from one spouse to the other spouse. 

This separate property will remain with the spouse who brought it into the marriage or received it indiviually during the marriage. Because the separate property is not divided in the divorce it is often "confirmed" as the separate property of the specified spouse. 

It is important that you and your attorney identify property that may be separate property so that you can make an accurate determination as to what really needs to be negotiated between the parties.