Community and Separate Property
In Texas, property is either community property or separate property. Sorting through which is which can be surprisingly complicated. At the law firm of Patel Warren & Ervin can help, we have the experience to see that property is categorized correctly so it can be divided equitably and fairly.
Community Property
If the property was obtained during the marriage, it is most likely community property. Whether the property was specifically purchased by the husband or the wife has no impact on categorization. There are some exceptions, such as gifts and inheritances. Even if obtained during the marriage, these types of property may still be considered separate property. Everything that falls into the category of community property is subject to division as part of a divorce.
Separate Property
Property obtained prior to the marriage is generally considered separate property. Some types of property, such as gifts and inheritances, may be considered separate property even if they were acquired during the marriage. Separate property does not need to be divided as part of a divorce.
The Challenge
Determining which category a particular piece of property falls into may seem simple on the surface. For many assets, it is simple. However, other assets can be difficult to categorize. Houses are a common example. A house may have been purchased and paid on by one spouse prior to the marriage. When the spouse married, the other spouse may have contributed to the mortgage payments.
While the home is entirely separate property, the community estate is entitled to reimbursement (money paid back from the separate property into the community estate). Our attorneys have the experience to determine how much of an asset is community property and how much is separate property in order to obtain a fair division.
Tell Us About Your Case
Contact us for a thoughtful and professional review of your case from a property division lawyer serving Houston and the surrounding parts of Texas.
