What Is Community and Separate Property in a TX Divorce?

 Posted on July 29, 2024 in Divorce

If you are considering divorce in Texas, you know you and your soon-to-be ex will need to divide your property. Although Texas is not a 50/50 state, where each spouse would receive equal assets during a divorce property division, courts consider many factors to make these distributions "just and right." One of these factors is whether a specific asset is community or separate property.

Understanding the differences between separate and community property in Texas will get you started on understanding how property division in your divorce will work. Working with an experienced San Antonio, TX divorce lawyer from Brandon Wong & Associates can help you protect your rights and best interests.

Community vs. Separate Property: What Is the Difference?

Texas is a community property state, meaning that courts consider assets you and your spouse obtain during your marriage to be jointly owned. This is true no matter whose name is on the deed, title, or other forms of owner documentation. Courts will divide this property during a divorce. Examples include:

• Financial accounts and assets

• Residential and commercial real estate

• Businesses that are family-owned

• Personal property

• Jewelry, collectibles, and other valuables

• Vehicles, boats, and other modes of transportation

In addition to assets, you must also divide joint debt, such as mortgages, credit card debt, and auto loans.

Many couples have individual property and assets before marriage. Whether these are bank accounts, businesses, cars, or other assets, they are considered separate property and are not usually subject to property division in a divorce. However, when you combine these assets with community property during a marriage, property division during divorce is more complex.

For example, one spouse may make non-monetary contributions to the other spouse’s business during the marriage, increasing its value. Gifts or inheritances received during the marriage may also present challenges if they are used as community assets.

Forensic accountants and appraisals may be necessary to determine the value and category of one or more of your assets. To ensure that you receive your fair share, you need to hire a skilled attorney with experience handling complex property divisions.

What If You Have a Premarital Agreement?

Before marriage, couples can choose to create a prenuptial agreement to protect individually owned assets and predetermine property division in case of a later divorce. Courts honor a premarital agreement that is in writing and signed by both parties in most cases. The validity of a prenuptial agreement may be challenged if one party signed it under duress, full financial disclosure was not provided by either spouse, or or it was unconscionable when signed or at the time of divorce. If you need assistance challenging or upholding a premarital agreement, Brandon Wong & Associates can help.

Contact a Knowledgeable Bexar County, TX Property Division Divorce Lawyer

Do not let your ex take advantage of you during a divorce. You deserve a fair share of your marital property, and the experienced San Antonio, TX divorce attorneys at Brandon Wong & Associates have the skills and knowledge necessary to protect your rights. Call us at 210-201-3832 to schedule an appointment today.