What Is the Difference Between Marital Property & Separate Property?

Texas community property laws are the laws that dictate how property and debts are to be divided up when a couple goes through a divorce. These laws can often be confusing, but it’s important to work with an experienced divorce lawyer who will advocate for you and help you get a fair share of your marriage’s assets. You may come across the terms “marital” or “community” property and “separate” property. Understanding what these terms mean is important to helping you end your marriage with a favorable outcome.

Community Property in Texas

Known as marital or community property, this refers to the property that you and your spouse have acquired during the course of your marriage, with some exceptions. Texas is considered a community property state, but that doesn’t mean that you can expect a perfectly even split of your assets. You can expect that the court will be more interested in providing an equitable and fair division.

One way that Texas courts determines the status of contested property is the “inception of title” rule, which relies on the property’s status at the time it was acquired. The state considers all property (with the below exceptions) gained by either spouse during the course of the marriage to be community property. It is on you or your spouse to otherwise prove that a piece of property is separate property.

Separate Property in Texas

According to Texas laws, separate property is any property owned or claimed before the marriage, and property acquired after the marriage by gift, devise, or descent. This means that there are some pieces of property that don’t fall under equitable distribution.

Separate property may include:

  • Birthday gifts
  • Family heirlooms
  • Property or assets purchased before the marriage
  • Inheritances
  • Personal injury awards (unless the recovery is for lost wages, medical bills, or other shared property)

Still Have Questions? Ask Our Katy Divorce Lawyers – (281) 764-6087

If you’re considering a divorce, you need an experienced legal team on your side. With more than 35 years of experience behind us, the Adams Law Firm is well-equipped to handle even the most complex divorce cases. Don’t wait to get the knowledgeable legal counsel and caring client service you deserve. Our Katy divorce attorneys are ready to address your concerns, answer your questions, and advocate for your best interests today.

Contact our team by calling (281) 391-9237.

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