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In Texas divorce and marital property distribution is up to the courts, who generally accept a fair and reasonable property division. They like to follow the parties agreements. However, if the parties cannot agree, the property is divided by the District Court within the Judgment of Divorce.
That said, Texas is a community property state. It is a dual classification state, and the appreciation of separate property is separate.
Under the law Texas defines community property as all property and debt acquired or earned from the date of marriage until the marital cut-off date that isn’t separate property. The court starts with a presumption that all property held by either spouse during marriage is community property.
Under the law, to keep an asset free from division, you have to show by clear and convincing evidence that the asset was yours, (ie. That you owned the property before marriage and he did not financially contribute to the property). Separate property includes anything that belongs to you before marriage and you kept separate throughout the marriage. It definitely includes property that was yours prior to the marriage.
The division of marital property in Texas is different from those of other community property states. The Texas courts divides the community in a just and right fashion that means whatever the judge thinks is fair under the circumstances, so the 50-50 division routine that prevails in other community property states does not apply in Texas.
If you show that the property was separate property, the court must award it to you, because it is not marital property. You can have a signed agreement that the property is separate property and belongs to you and that he makes no claim to the property.
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