When Can a Party Seek to Apply Community Property Rules to Separate Property?
Whether you’re the original owner of property or married someone who brought substantial separate property into a Texas marriage, you may have a vested interest in learning if, and potentially when, separate property can become community property for the purposes of Texas divorce law. Here’s what you need to know.
What Is Separate Property under Texas Divorce Law?
Texas is one of a minority of states that follow some form of community property approach regarding the division of marital debts and assets in a divorce. That means that, in a Texas divorce proceeding, one of the first steps the parties must take is to identify that property that is considered to be separate property and those assets deemed community property. As a general rule, separate property is returned to its owner as part of the divorce process, whereas community property is divided “in a just and right manner,” which may or may not be equally.
Under Texas law, those items which may qualify as separate property include:
- Any assets owned before the marriage
- Any assets obtained during the marriage as a gift or inheritance, or in settlement of a personal injury claim
- Assets purchased with funds that were already deemed separate property
Can Separate Property Become Community Property? If So, How?
Yes. Property legitimately identified as separate property may be converted to community property in a number of ways:
- Commingling of personal funds with marital funds to purchase an item
- Affirmatively changing ownership, such as to a house or car
- Using marital funds to improve or upgrade separate property
- An inability to trace the asset to separate origin or ownership
Contact DTX Family Law for Sound Advice in a Texas Divorce
At DTX Family Law, we built our reputation and practice by focusing on the needs and best interests of our clients. We have an extensive knowledge and understanding of Texas divorce laws and procedures, including any issues related to college funding in a divorce proceeding. We’ll carefully explain your rights and options, as well as your chances of success, so that you can make good decisions for you and your family. Chrysandra is board-certified by the Texas Board of Legal Specialization, an honor earned by less than one of every ten family law attorneys in the state. To schedule an appointment with a proven and effective Texas family lawyer, visit our website or call our offices at 940-566-0606.
Handling Divorce and Family Law Matters throughout Denton and the surrounding communities, including Denton, Collin, Wise, Tarrant and Cooke counties and the municipalities of Keller, Euless, Hurst, Colleyville, Bedford, Crowley, Lake Worth, Benbrook, Haslet, Saginaw, Watauga, Richland Hills, White Settlement, River Oaks, Forest Hill, Kennedale, Westover Hills, Lakeside, Pelican Bay and North Richland Hills