Proving Separate Property in Texas Divorces

Proving Separate Property in Texas Divorces

In Texas, there is a legal presumption that any property that is possessed by a spouse during on or the dissolution of marriage is community property. This means that the property has to be divided between spouses equally at the time of the divorce. Yet this legal presumption can be overruled if you have separate property that you wish to keep all for yourself after a divorce.

In order to prove that you have separate property, you will need to provide the court with some clear and convincing evidence. You will need to prove that the property in question is indeed separate property by tracing the item in question back to its date of acquisition. If you can prove that the date that you received the property was prior to marriage, then that property can be secured as separate. If you want more information about proving separate property in divorce, or if you are currently fighting through a property division issue, call our firm today for more information!

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