Family Law Questions? Ask a Family Lawyer Online.
The distinction between separate property and community property is important in Texas because separate property can not be divided or awarded to the other party in a divorce case.Separate property is most commonly defined as something: a) owned prior to the marriage, b) acquired as a gift, or c) acquired by inheritance.
The judge must assume that everything the parties own at the time of divorce is community property and, therefore, can be divided. If either party claims something as separate property, that person must identify the item and prove that falls within one of the definitions of separate property.
Texas is a community property state. However, the rules about marital property are different in Texas than those of other community property states.The court can divide the community property in a "just and right" fashion - that means whatever the judge thinks is fair under the circumstances.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).