Texas Divorces; Community Property Versus Separate Property

by Ricardo Barrera

Texas Divorces; Community Property Versus Separate Property

Division of Assets Must Be Fair 

Texas Court presumes that all property is community property in a divorce unless there is clear and convincing evidence that the property is separate property. Community property is defined generally as any property or debt that acquired during the marriage. This can be personal property, accounts, vehicles, real estate, retirement accounts, pets, livestock, and in some cases, benefits. 

Separate property is generally defined as any property that one had prior to the marriage, or any property that one obtained through gift or inheritance. Evidence of separate property can be proved through titles to real estate, receipts, account information that can be traced and did not go under the initial amount given, and debts for things like student loans that were for things prior to the marriage. 

In taking care of the division of community property and where there are separate property claims, one may be entitled to reimbursement of any funds that were used during the marriage to pay for that property or debt if there was an ongoing obligation to pay that debt, mortgage, or item that was in existence during the marriage. 

The court must make a just and right division of all the property in a divorce. One may get a finding of a disproportionate division of any community property during the marriage which may include, but is not limited to, adultery, earning capacity, fault, violence, etc.

For more information on a free consultation call The Barrera Law Firm at 956-428-2822.

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