Division of Community Property in Texas
When a court tries a divorce case concerning property, the court will try to categorize property either as separate property or community property. A spouse’s separate property consists of: 1. The property owned or claimed by the spouse before marriage; 2. The property acquired by the spouse during marriage, by gift, devise, or descent, and, 3. The recovery for personal injuries sustained by the spouse during marriage, except any recovery for loss of earning capacity during the marriage. The significance of separate property is that a court cannot divest a spouse of their separate property. Therefore, once a court determines that a particular piece of property is separate property, then it must set that property aside to the separate property owner. The burden is upon a spouse to prove that property is his or her separate property by clear and convincing evidence. Community property consists of all property, other than separate property acquired by either spouse during marriage. Property possessed by either spouse during the dissolution of the marriage is presumed to be community property, unless the spouse can prove that it is their separate property by clear and convincing evidence. Community property consists of almost anything of value, such…
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