Wilson Whitaker Rynell

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972-248-8080 DALLAS
713-830-2207 HOUSTON
512-691-4100 AUSTIN
wilson whitaker rynell attorneys and counselors at law logo
972-248-8080 DALLAS
713-830-2207 HOUSTON
512-691-4100 AUSTIN

Community Property in Texas

ATTORNEYS IN DALLAS

Any property acquired by a couple during their marriage (except for gifts, inheritances, or possessed before marriage) is equally owned by both spouses.

Community Property

When a couple gets married, their property status changes as any property they acquire during the marriage is usually considered community property, owned by both spouses. Property includes real estate, business interests, and bank accounts. When a couple decides to divorce, dividing the community property can be a difficult task for both parties and the court. It is essential to understand the possible financial outcomes of a divorce if you or your spouse plan to end the marriage.

Community Property in Texas

In Texas, property owned by a married couple is classified as either community property or separate property. Separate property encompasses any property owned by either spouse prior to the marriage and property that is specifically identified as separate property in a prenuptial or postnuptial agreement. Moreover, gifts from third parties, inheritances, and damages awarded in personal injury cases are generally considered separate property, except when the damages are meant to compensate for the loss of earning capacity. Gifts between spouses and any income generated from those gifts are also deemed separate property.

In situations where the spouses disagree regarding the nature of an asset, or when an asset involves an intermingling of both separate and community property, it may be necessary to hire a forensic accountant to trace the origins of the asset. If you are facing a divorce, it is important to understand the potential financial implications, and a skilled divorce attorney can help you navigate this complex area of law and work with the appropriate professionals to support your case.

Community Property and Texas Laws

While Texas is a community property state, it does not necessarily mean that community property will be divided equally in a divorce. Instead, the court is required to divide the community property in a manner it deems equitable and just. To achieve this, the court considers several factors, such as each spouse's earning capacity, income, education, and employment prospects. Additionally, the court may assess fault in the demise of the marriage, the health of the spouses and their children, the primary caretaker of the children, and the division of custody if there are children involved. Moreover, if one spouse is obligated to pay spousal support, the court may consider this obligation when dividing assets equitably.

What is Community Property?

Community property broadly refers to any property, including income, interest, and real estate, that is acquired by either spouse after the marriage commences and is not delineated as separate property. Community property is equally owned by each spouse and is subject to division during a divorce. The law presumes that any property obtained during a marriage is community property. Therefore, if either party disputes the nature of an asset, he or she must provide clear and convincing evidence that it is separate property. This is a higher burden of proof than preponderance of the evidence but a lesser burden than beyond a reasonable doubt. Essentially, it means that the evidence must be sufficient to allow the fact-finder to form a firm belief as to the truth of the allegation.

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Best Texas Divorce Lawyers

Our Dallas Divorce Attorneys Serve Clients Throughout Texas


In order to best prepare yourself during the divorce process, it is vital that you have a qualified divorce attorney by your side. Our divorce law firm is dedicated to providing knowledgeable, professional, and effective legal counsel for all types of family and divorce matters. When you work with our experienced Dallas family law attorneys, you can trust that we will have your best interests in mind.

Speak with an Experienced Divorce Attorney

When it comes to divorce and dividing community property, it can be a complicated and lengthy process. It's recommended that you hire a lawyer who can defend your interests and assets. At Wilson Whitaker Rynell, we have experienced attorneys who can fight for you and help you attain a fair outcome. Our firm represents clients in divorce cases in various Texas cities, including Dallas, Austin, Houston, Fort Worth, and all cities within Dallas County, Tarrant County, Collin County, and Denton County.

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A man and a woman are sitting on a couch with their arms crossed.
By Kayla Holderman 10 May, 2024
Dallas Family Law & Divorce Attorneys Deciding to divorce is a challenging and significant life choice. Once you've made that decision, there are many paths to consider, and Wilson Whitaker Rynell is here to help you navigate the best way forward. What distinguishes us from other Dallas family law firms is our exceptionally skilled team of family law practitioners and our commitment to delivering outstanding client-centered service. Whether through mediation or litigation, our family law attorneys in Dallas bring a depth and breadth of knowledge gained through years of successful practice. We also have board certified divorce lawyers so you can count on the highest standards of integrity, expertise, and legal proficiency from the divorce lawyers at Wilson Whitaker Rynell. Whether you're in Dallas, Plano, Frisco, Allen or any other Dallas neighborhood, you can trust our local family law firm to provide you with the support and guidance of a highly experienced team of family lawyers. Family Law Practice Areas Our dedicated team is focused on providing personalized and effective legal solutions tailored to each client's unique circumstances. We understand that family law matters can be emotionally challenging, and we strive to offer compassionate support while staunchly defending our clients' rights and best interests. With Wilson Whitaker Rynell, you can trust that you'll receive top-tier legal representation from a team that genuinely prioritizes your well-being. We specialize in a wide range of family law and divorce matters, ensuring comprehensive legal support for our clients. Our experience includes, but is not limited to, the following areas:
A woman is sitting at a desk using a laptop computer.
By Chelsea Lankford 08 May, 2024
Interview of a Child in Chambers by a Texas Court Divorces can be messy; even more so when children are involved. One pivotal question that is often asked is who will receive primary custody. The prospect of children speaking to a judge during a divorce case to help determine custody can be a controversial topic. On one hand, it aims to understand and prioritize the child's preferences and best interests. On the other hand, exposing children to legal proceedings can be emotionally taxing and stressful . When Can the Judge Talk to Children? During a nonjury trial or hearing, the court is required to privately interview any child 12 years or older, while interviewing a child under 12 is at the judge's discretion. This private interview helps convey the child's wishes regarding who should have primary custody. The judge can also conduct the interview independently or on the request of a party, amicus attorney, or attorney ad litem. While speaking to the child can help determine issues of possession, access, and parent-child relationships, it does not restrict the court’s authority to decide what’s best for them. However, in cases where a jury trial is underway, the judge is prohibited from privately interviewing the child on matters subject to a jury verdict such as which parent is granted conservatorship/primary custody. During the conversations, attorneys representing the parents, the amicus attorney, the guardian ad litem, or the child's attorney ad litem may be present. For children aged 12 and older, the court is required to record these interviews to ensure a thorough and accurate record is available as part of the overall case documentation. Inside the Judge's Playbook: What Gets Asked? The judge may ask open-ended questions about living arrangements, the child's relationship with each parent, and other aspects relevant to their well-being. Additionally, an interviewer’s nonverbal communication may not contribute to the making of a particular statement. James v. Texas DHS, 836 S.W.2d 236, 239-241, (Tex.App.—Texarkana 1992, no writ.). However, the child's testimony is just one piece of the puzzle, weighed alongside other factors such as parental behavior, home stability, and each parent's willingness to cultivate the child's relationship with the other parent. Importantly, if the judge during the interview has reasonable cause to believe that a child’s physical or mental health or welfare has been adversely affected by abuse or neglect by any person , the the judge is obligated to shall immediately make a report. Tex. Fam. Code §261.101(a).
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By Chelsea Lankford 18 Apr, 2024
Parental Alienation | Texas Child Custody Attorneys
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