This article addresses what importance if any of property being titled or deeded in the name of one spouse in Harris and Montgomery County in Texas in a divorce and the importance of community property and separate property.
A question that comes up quite often in my divorce consults on the phone or in my office is the name on a car title, real estate deed, or bank accounts.
Generally, the conversation takes one of two directions. Either the caller wants me to know that it is going to be an easy divorce because some piece of property is just in their name so there is nothing to divide. Alternatively, I have someone who is concerned because all of the property is in the other spouse’s name and so they are afraid they are not entitled to anything.
This is normally when I need to explain that Texas Law is not that simple. I explain that Texas is a community property State. Part of the divorce process is figuring out what property is community property and what property is separate property. This distinction is very important because a divorce court can divide the community property between the parties but cannot do so for separate property.
Community property is all property acquired during marriage except for property acquired by gift or inheritance
Separate property is property that:
- Was owned prior to marriage
- or property that was acquired during the marriage by gift or inheritance.
The Presumption of Community Property
In Texas during the divorce process, all property is presumed to be community property. This means that the spouse claiming that they own separate property has the burden to put on evidence that it is separate property.
What this Means
This means that in most cases any property you have purchased from the time you married your spouse will need to be divided by court during the Texas divorce process. This also means that in most cases you will get to keep the property you owned prior to the marriage, have inherited, or were given as a gift.
Depending on the facts of your situation there may be some exceptions or you may have to reimburse the community estate if community funds have benefited your separate estate. However, these situations will be discussed in another blog article.
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Other Articles you may be interested in:
- How a mortgage is handled in a Texas Divorce
- How Do I Get my name or my soon to be Ex-Spouse's Name off of the Mortgage in a Texas Divorce?
- Getting the Deed to Your House After a Texas Divorce
- How Much Will My Texas Divorce Cost?
- Dividing Property in a Texas Divorce - The Just and Right Division
- Why is Separate Property Important and How to Keep it Separate in a Texas Divorce?
- What Wikipedia Can’t Tell you About Texas Divorce and Marital Property Division
- Texas Divorce Property Division Enforcement
- Separate Property in a Texas Divorce?
Law Office of Bryan Fagan, PLLC | Spring Divorce Lawyer
The Law Office of Bryan Fagan, PLLC routinely handles matters that affect children and families. If you have questions regarding divorce, it's important to speak with a Spring, TX Divorce Lawyer right away to protect your rights.
A divorce lawyer in Spring TX is skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form. The Law Office of Bryan Fagan, PLLC handles Divorce cases in Spring, Texas, Cypress, Spring, Klein, Humble, Kingwood, Tomball, The Woodlands, Houston, the FM 1960 area, or surrounding areas, including Harris County, Montgomery County, Liberty County, Chambers County, Galveston County, Brazoria County, Fort Bend County and Waller County.