Characterizing property as “community” or “separate” can be one of the most critical aspects of the divorce process. Texas law defines separate property as property that was acquired before marriage, property that was acquired by gift or inheritance, or property that was required for personal injuries sustained by one spouse during the marriage. All other property that is acquired by either spouse during marriage is community property.
Community property belongs equally and entirely to both spouses; however, separate property belongs to only one of the spouses. This distinction is critical because a judge can only divide property that is characterized as community property.
MemberStephen Carl practices civil litigation, focusing primarily on family law cases. Stephen graduated, cum laude, from Baylor Law School with a special distinction in family law and as an editor for the Baylor Law Review. Stephen is ...
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Family law can be complicated.
This blog contains some of the most common questions that our family law attorneys receive. Search or click below to learn more about common family law issues regarding divorce, child custody, adoption, and CPS.