Property Division

Texas divorce lawyers with more than 30 years of experience

Property division is often one of the more contentious aspects of divorce and, in Texas, requires the identification and classification of community (or marital property) versus separate property.

Separate property is not subject to division or award to the other spouse during divorce, and therefore, each party retains their own separate property. Once the two basic categories of community and separate property have been defined and agreed upon, couples can take the next step in the divorce process, which is marital property division.

Separate Property

For the most part, separate property is gifts, inheritances and property owned before marriage. Other types of separate property exist but are not as common. Your family law attorney can assist you in sorting out what would be categorized as separate property.

If property division is not agreed upon in an outside settlement, the court will view all property owned by the spouses as community property and subject to division during divorce. Each party must identify and prove his or her property to be separate by providing evidence that establishes ownership according to the legal definitions of separate property.

Community Property

In general, community property is property acquired by spouses during the marriage. Even though one spouse may have titles or deeds in his or her name or have possession of the property, because it was acquired during marriage, it is considered marital or community property. Bank accounts, salaries and even money received before marriage if deposited in a joint account are usually considered community property. Investment interest or income from separate property is considered marital property even though the property itself and its appreciation value remain as separate ownership. Retirement plans, which pay out at future dates, are considered community property based on the fact that the plan was acquired during marriage.

Date of property acquisition serves not only as a means of classifying property but also as evidence to prove separate ownership.

Understanding the legalities of property ownership in Texas is often complicated and confusing, but our family law attorneys can explain the nuances of legal issues and work with you to protect your rights.

For decades, The Shapiro Law Firm has represented clients throughout Collin, Dallas and Denton counties in dealing with complex divorces that require a high level of skill to identify and manage community and separate property. Our lawyers provide effective assistance in an effort to serve your best interests. Arrange a consultation today by contacting us online or at 972-423-0033.