Texas and Property Division Based on Community Property

Texas and Property Division Based on Community Property

The state of Texas is considered a community property state. This means that individuals who file for divorce in Texas will need to divide all property properly. All property that is acquired during the marriage is considered community property, even if only one spouse's name is on the title. This is given the fact that the item was purchased during the marriage.

There are some instances in Texas in which one spouse may be able to exclude a piece of property from the community property division. This is only if the individual can show that the asset in dispute should be considered "separate property."

There are two types of separate property that are honored in the state of Texas. These include property that was owned by a spouse prior to the marriage, or property that was acquired by a spouse during the marriage but was given as a gift, by descent, or by devise.

In these situations, the spouse may be able to prove a legal, exclusive claim on the particular property being concerned and may be able to take that property with him or her without factoring it into the division. Any spouse that is claiming the property at separate property automatically has the burden of proof to show that the asset is actually separate.

The spouse who makes the claim may be required to provide clear and convincing evidence before the court before the declaration will be honored. The spouse will be required to track the origins of the allegedly separate property. In legal terms, this is called "tracing." A Plano family lawyer can help you to trace particular assets that you would like to prove are yours and yours alone. Don't hesitate to hire an attorney at the firm today if you want to learn more!