TEXAS PROPERTY ATTORNEYS

What Is Community Property?

All property acquired during a marriage is presumed community property and subject to division by the court unless proven by a preponderance of the evidence that it is separate property. The court will make no distinction as to the nature of property until it can be proven separate property. The burden is on the person claiming separate property to plead and prove that particular property is not community property. Our Dallas divorce lawyers will not allow you to be taken advantage of but will strive to protect your rights, fight for your interests, and give you the strong and passionate representation your case demands. Please download our Divorce Checklist and call us for a divorce consultation today.

What Is Separate Property?

Separate property is property owned by a party prior to the marriage or obtained due to inheritance or gift from outside of the marriage. Separate property usually will be awarded to the party who brought it into the marriage and will not be divided by the court. However, appreciation on the separate property which occurred during the marriage may be divided. Courts will try to make an equitable division of the property of the par ties to a divorce action. However, this does not necessarily mean assets will be divided equally.  Categories of separate property include the following: 

• Property Received by Inheritance or Gift: If you receive property as a gift to you alone, or you inherit the property through a will, then it is your separate property;

• Property Owned Prior to Marriage: Property owned before marriage, including the value of any retirement assets or 401Ks on the day of marriage, are your separate property;  and

• Tracing: Property purchased during the marriage that can be traced back to separate property (i.e., separate property acquired the asset) generally remains separate property.

What Is Tracing and Property Characterization?

Tracing involves proving that an asset owned at the time of divorce is separate property because the property is traced back to an asset that was a clearly separate property when it was first obtained. It may be difficult for spouses to divide property during divorce, especially if the property is of high net worth, unique or complex assets, or there is a high debt load associated with the marital estate.  Detailed information on property tracing can be found here:  Methods of Property Tracing in Texas .

Property characterization and division, although complex and subject to disagreement by the spouses, is a straightforward process:

• Accounting: Provide for an accounting of all assets and debts in the marital estate;

• Classification: Classify all assets and debts as either community or separate property;

• Dispute Identification: Address in discovery any disputes as to the property classification; and

• Finalize Property Division:   Finalize the property division by settling through out-of-court negotiations, mediation, arbitration, or litigation.

What Is A Separation Agreement?



If the parties can agree on how to resolve the issues concerned in their divorce, they can enter into a separation and property settlement agreement. The agreement is a written document embodying the parties' understanding as to all issues. The agreement is signed by both parties and taken before the court after the 60-day cool-off period has expired. If the agreement appears fair, just, and equitable, the court will approve it and incorporate the terms of the agreement into its decree of divorce.