It’s Not as Easy as Whose Name is on the Title: Community Property

Posted on June 17, 2019 by Chris Kirker

Texas is what is called a “community property” state. This means that when it comes to the division of property, divorce proceedings in Texas are a little different than the rest of the country. In a typical divorce proceeding, property is split into three categories: your separate property, your spouse’s separate property, and community property. Each spouse keeps their separate property, and community property is divided between the individuals, usually evenly, but an experienced attorney can argue for more than an even split.

In most states, the name on the title, the name on the bank account, or who paid for the item determines whether it is separate or community property. In community property states like Texas, however, almost everything acquired by you or your spouse during marriage is community property. It doesn’t matter if only one name is on the title, or if it is a separate bank account, if it was acquired during marriage it is likely community property—even bonuses paid to one spouse.

The attorneys at Kirker Davis know that when you divorce, you want to keep as much of your property as possible. That is why they are knowledgeable in the exceptions to the community property rule and will fight to make sure you keep what is yours. If you are contemplating divorce, or if you are concerned your spouse may be contemplating divorce, you need an experienced divorce litigation attorney who will zealously fight for your rights and who is knowledgeable about community property. Contact Kirker Davis LLP to schedule a meeting with a divorce litigation attorney today.



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