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Property Division

Property Division | Community Property 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.

How do I keep property separate?

A party that 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.

What is property that 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; call Attorney López to obtain a consultation. She will be happy to explain what your options are regarding your community property and separate property.

Take a look at this infographic that will help you better understand the property division of a home when faced with the question of what to do with the house in a divorce

property divisionPlease note: this inforgraphic is not intended as legal advice. Consulting with an attorney is your best option to finding the best solution for your needs. Published in Huffington Post.