What Is Separate Property In Texas?

One of the top concerns of individuals anticipating a divorce is how their property will be divided by the court. There are always certain items or assets that clients want to ensure that they keep once the divorce is final. However, as a community property state, Texas makes much of what a couple owns fair game during the property division process. The only property that is exempt from property division is “separate property.”But what exactly counts as separate property? This type of property needs to be either owned by one spouse prior to the marriage or somehow gifted specifically to one spouse during the course of the marriage.Common examples of separate property include: Cars that were owned by either spouse before the marriageInheritance that passed down to a certain spouseMoney that has been in invested in a 401(k) before a marriageAll (or partial) recoveries following a personal injury suit “COMMINGLING” ASSETS Physical property is usually deemed “separate” with little difficulty in court because it is typically easy to establish who originally owned a specific property via deeds, receipts, and the couple’s own recollection. However, liquid assets can be more difficult to establish as separate during the property division process. Often, this is because even when an account predates a marriage, both spouses end up using it for savings and transactions.In these instances, the bank account would be considered “commingling,” meaning that both spouses have some claim to the property due to shared use and each spouse’s contributions to maintaining the account. In these cases, it may be necessary to bring in a forensic accountant to track the couple’s expenses and determine how much of the account belongs to one spouse and how much of it belongs to the other. If you are facing family law challenges, then the dedicated Sugar Land family law attorney at Audu Law Firm is ready to hear from you. Attorney Lilian Audu has committed her firm to providing compassionate and thorough family law and divorce counsel for individuals, couples, and entire families in need. Her communicative, client-centric approach means clients can rest assured that their counsel will proceed in a way that speaks to their every concern.You do not have to face this difficult time without a dedicated advocate. Contact the Audu Law Firm today for an initial case evaluation. ADDRESS 3 Sugar Creek Blvd Suite 100 Sugar Land, TX 77478 CALL TODAY 832-780-9005 FAX 832-442-4558 Sitemap | Privacy Policy Audu Law Firm This website has been built to be accessible for all users. If you experience any difficulty in accessing this website, please contact us for assistance.The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.