Community vs. Separate Property in Texas Divorce

In this article, you can discover…

• What is “community property” under Texas law.
• How marital debts are divided in a Texas divorce.
• The most important thing to remember about asset division during a divorce in Texas.

What Is “Community Property” And “Separate Property” Under Texas Divorce Law?

Community property is any property that is not solely yours. Essentially, it means everything that has been acquired during the marriage. This includes physical assets such as property and vehicles, as well as income that has been earned.

Separate property is anything that you purchased before the marriage. It can also include gifts made to you alone and to anything you inherit during the marriage. One of the simplest ways to establish separate property claims is with receipts and documentation.

Many clients ask whether a pet is community or individual property, and this really depends on how you acquired the pet. For example, if you give your spouse a dog for their birthday, the dog belongs to your spouse because you gave them the pet as a gift. In other cases, who gets and cares for a pet after divorce can often be ironed out during mediation.

How Are Marital Debts Divided During A Texas Divorce Proceeding?

Apart from fraud, debts and liabilities taken on during your marriage are considered community debts, and will generally be shared between you and your spouse during the divorce.

This includes most instances of student debt. Unless you and your spouse had a prenup in place designating student loan debt as the sole responsibility of the party who took out the loan, it’s likely that the debt will be shared.

What Is The Most Important Thing Couples Should Understand Before Beginning Property Division Negotiations?

It’s important to understand that 9 times out of 10, property division is very cut and dry in Texas. Your case will start with a 50-50 split of assets and liabilities. It also surprises many clients that judges generally don’t care about infidelity when it comes to asset division, unless marital funds were spent on an affair.

Overall, property division is not an emotional matter in a Texas court. If you and your spouse can not agree on how property is going to be divided during mediation, a judge will generally go with a very simple 50-50 split. Your best opportunity to divide assets and debts in a more agreeable, tailored way is to work that out during mediation, before your case goes before a judge.

Still Have Questions? Ready To Get Started?

For more information on community property during a Texas divorce, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (281) 784-9020 today.