Community is Not Just a Sitcom!

In Texas, property acquired by either spouse during the marriage is presumed to be equally owned by both spouses. However, there are some exceptions.

Community property can include:

  • Property owned by the community; except for separate property.
  • Income from community property
  • Earnings brought in by either spouse during marriage

Some exceptions to what is considered community property are: property acquired before the marriage and property acquired by either spouse through inheritance or gift.

If a spouse wants to claim property is separate property, they have to provide clear and convincing evidence. While no one wants to contemplate the potential ending of a marriage, it behooves spouses to keep careful records of major property ownership. The assumption, when going through a divorce is that all property is held by the community.

Separate property can still be used to the benefit of the community. For example, the rental income from a home purchased before the marriage. That proceeds of that rental income is community and would be a factor in divorce proceedings.

Absent a written agreement, community property is divided equally during a divorce. An experience Family Law attorney can help navigate these complexities.

JOHN AND MORGAN is a versatile law firm that handles Family Law cases such as Divorce, Child Support, and Child Custody. We do Wills and Estate Planning. We also do Intellectual Property work such as Patents and Trademark

Call to schedule your consultation at 713-934-7000