Protecting Separate Property During a Texas Divorce

 Posted on October 06, 2023 in Property Division

Texas is a community property state, which means marital assets are typically divided equally in a divorce. However, Texas law does recognize separate property owned before marriage or received as a gift or inheritance during marriage. 

Spouses can protect documented separate property when dissolving the community estate. A Texas lawyer can help you with your case to ensure your rights are met during your divorce.

Defining Separate vs. Community Property in Texas

Under Texas Family Code Section 3.001, marital property is classified as either community or separate.

Community property includes:

• Assets and debts acquired by either spouse during the marriage through joint effort
• Gifts to the couple
• Income earned

Separate property involves:

• Assets owned by one spouse before the marriage
• Acquired via individual gift or inheritance 
• Received as personal injury damages 

Separate property remains under the original owner’s control. The burden is on the spouse asserting certain assets as separate property to provide supporting evidence tracing the acquisition and ownership.

Qualifying Assets as Separate Property in Texas

Thorough records are essential to claim separate property status in a Texas divorce successfully. Relevant documentation may include:

• Bank statements, tax returns, real estate title documents, and payment receipts proving ownership of assets before marriage.
• Wills, trust documents, and deed transfers verify assets received through inheritance or individual gifts during the marriage.
• Legal records related to personal injury claims show damages awarded solely to one spouse.

Written statements from family members confirming gift asset transfers may also help prove separate property claims. In addition, records tracing the purchase of significant assets before marriage are crucial for establishing separate ownership.

Maintaining Separate Ownership During Marriage

Keep separate property strictly in individual accounts. This ensures they do not mix with community funds—express intent in writing via a pre or postnuptial agreement to maintain separate ownership of identified assets.

Contact a Frisco, TX Divorce Lawyer

Work with a Denton, TX, divorce attorney to locate all documentation needed to support separate property claims and fully achieve an equitable division. Valuing all assets accurately is also vital. With proper evidence and legal strategy, spouses can protect their property rights.

Call The Law Office of Linda Risinger at 972-294-6533 to schedule a free and no-obligation consultation. You deserve to know your rights and ensure you go through each process step correctly. Our qualified attorney can help ensure that your legal objectives are able to be met in a satisfactory manner.