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Understanding The Difference Between Community And Separate Property

There is a presumption that all property held by the parties during the marriage is community property. Texas law defines “community property” as property acquired or earned during the marriage and isn’t separate property. Community property is typically that which a couple acquires together during the course of their marriage. Usually this means the house, furnishings, the car, any vacation property, and in some cases, bank accounts, retirement accounts and investments.

It is useful to understand which property belongs to the marriage and which property belongs to each person. Fayez Hatamleh at Fayez Law Group, PLLC, can explain your rights and obligations under Texas law.

How Do I Keep Property Separate?

A person who wants to keep an asset free from division must prove, by clear and convincing evidence, that the asset is separate property. In Texas, separate property is everything that was owned by party prior to the marriage. Moreover, said property must be kept separate during the marriage.

What Are Examples Of Separate Property?

Separate property may also be property that was gifted to a party (and only one party) during the marriage. For example, gifts made by family and friends or property inherited through a will. If a person won a personal injury lawsuit, that money belongs just to that person, not the marriage. Additionally, if an item or property only belonged to one person from before the marriage and throughout the marriage, with the mutual understanding that it only belonged to one person, it is likely that the court will also see this property as separate.

Which Property Commonly Falls Under Property Division?

Real property, homestead, retirement, pension, jewelry, clothing, furniture, vehicles, interest in business, tangible personal items and marital debt.

Property division and division of community property is not always clear. A Texas family law. attorney can offer specific information and personal guidance in these proceedings during your divorce.

Work With A Family Law Attorney Who Handles Property Division

Fayez Law Group, PLLC, provides highly responsive, personal attention in property division matters. Not every marriage has the same assets or arrangements. Call 713-714-0029 and speak with attorney Fayez Hatamleh about your issue. He can also be reached via website contact email. With an office in Friendswood, Fayez helps with clients with property division issues throughout the Southern Houston area.