WHAT IS CONSIDERED SEPARATE PROPERTY IN DIVORCE?

Posted on January 3, 2018 by Chris Kirker

Generally speaking, property acquired prior to marriage is separate property, and property acquired during a marriage is community property. However, Texas law provides that property acquired through gift, devise, or descent is considered separate property even if such property was acquired during a marriage.

It is important to know that separate property must be confirmed, and it is not enough to assert a separate property claim in order to establish such characterization. A spouse who asserts a separate property claim in a divorce proceeding must overcome the statutory presumption created by the Texas Family Code. The presumption is that all property possessed by either spouse during or upon dissolution of marriage is community property.

The party seeking to rebut this presumption must present clear and convincing evidence of the property’s separate character. Therefore, it important to maintain thorough documentation of when and how separate property was acquired, such as property records and transfer documents. If you are concerned about protecting your separate property interests, contact one of our attorneys to help guide you through the process.

Please visit our site to know more about separate property on a divorce.