TEXAS DIVORCE: How is property divided in Texas?

If you are getting a divorce one of the biggest questions will be how your assets and property are divided between you and your spouse.

Texas is 1 of 9 states that is a community property jurisdiction. 

For the majority of cases, this means that the initial assumption is any property acquired by a couple during their marriage is owned by both spouses. As we always say, no two cases are the same. So, there are exceptions to this.

If you have separate property, which you believe belongs only to you and should not be shared with your spouse, you will have to prove it by tracing it back to its original source with "clear and convincing evidence." 

Separate property can include property acquired by just one spouse before the marriage or by gift or inheritance. 

Below are a few examples:

• You might show that you inherited money from your family member with your name clearly on it (NOTE:  keep inherited funds separate) 
• You were named as the owner of land or property in a will
• You purchased real estate prior to your marriage

There are a lot of nuances and ways to prove whether the property is community or separate or whether someone is entitled to reimbursement. 

You need a family law expert to help you navigate the community property waters.

Our expert divorce attorney, Bob Leonard, is here to answers to the rest of your Texas divorce questions. Contact us today!

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