Separate property in a Texas divorce

On Behalf of | Aug 1, 2019 | Divorce

When a Houston couple gets married, they believe their life can’t get any better. They have just committed themselves to a lifetime with the one they love, and life has never looked rosier. Unfortunately, not all marriages last forever, and each year thousands of Texas couples decide to make the difficult decision to divorce. Working through a divorce is a complicated and emotional matter with property division often being the most contentious issue.

There are two types of property that are analyzed during divorce proceedings. The first type of property in a marriage is communal property. This is typically the property that is obtained during the marriage. The other type of property that is considered during divorce proceedings is separate property. There are three types of separate property in Texas.

The first is property that was owned by a spouse before the marriage. The second is property that is received by a spouse during the marriage due to a gift or inheritance. And the third type is property that is received by a spouse due to personal injury damages received minus that which is awarded for lost earning capacity while the couple is married. Communal property will usually be divided equally among both spouses while separate property is kept by the spouse who owns it.

Property division is often one of the most contentious issues in a Houston divorce. A legal professional who handles divorce cases can help their client through these tough times. An attorney understands how Texas courts handle property division and can advise their client as to what options they have in their situation. They can make sure their client’s needs are addressed both now and into the future.

Although a divorce is an emotionally traumatic time for a person it is important that they also understand the important implications of property division. It can be hard to think clearly during this time so having an attorney advocate for them is important.

FindLaw Network