In Texas, anything acquired from the date of marriage to the date of divorce is community property, with the exceptions of gifts, inheritance, and property acquired prior to marriage. Those exceptions are termed, “separate property.”
Does it matter if the property was acquired during a separation period and the other party contributed zero to the house, car, retirement etc.? No. In terms of the property being up for division as community property, but yes, in terms of the Court’s charge in disposing the property in a “just and right” manner. In other words, the Court will take all circumstances in mind and do its best to divide property fairly.
Can one still get a division of separate property? Possibly; in terms of reimbursement of added value of the property based on the application of community funds, whether the separate property got converted to community property based on the toil, risk, and work of the other partner and the neglect of the other, and any agreements that existed after marriage that are in writing and clear as to the conversion of the property.
To answer the question in the title about the family bible-answer is, it depends. It depends on whether it was a gift to the non-related spouse, or if it was inherited, or if it was purchased with the house from Aunt Mizer.
For a free consultation on divorce law in Texas, call The Barrera Law Firm at 956-428-2822 or reach out to us online.
