Texas Separate Property Claims

Texas is a community property state. When dividing marital assets in a divorce, a judge will issue an order that divides all property of the parties in a manner that he or she determines to be just and fair. To assist in the determination of what is just and fair, the court will classify property as either community property or separate property.

As a general rule, most property acquired during marriage is community property. However, there are exceptions. Separate property is statutorily defined to include property acquired before marriage, property gifted to one spouse and property inherited by one spouse. Other considerations may come into play depending on the facts of an individual case.

Experienced divorce and family law attorneys conduct an in-depth interview with each new client to determine information relevant to the effective management of a client’s case. Among the questions attorneys ask are those designed to delineate separate property from community property.

When handling a divorce involving potential separate property issues, an attorney must be able to work with the client in identifying potential separate property claims, reimbursement claims, and economic contribution claims. Once potential claims are identified, it is essential for the attorney to be experienced in identifying the evidence necessary to prove up those claims, and in working with forensic accountants in preparing expert testimony to prove those claims. The attorneys at Carter Morris, LLP have extensive experience in preparing and trying cases involving separate property claims, and are well-versed in the best ways to establish, or attack, such claims.

If you are getting a divorce, retaining an experienced divorce lawyer is the first step to protecting your financial rights. If you are getting a divorce in Texas and need quality legal representation, the experienced attorneys at Carter Morris, LLP can help. Our attorneys have successfully represented clients across the state of Texas in divorce and family law cases, with an emphasis on high net worth divorce and complex division of property issues.