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What Is the Difference Between Separate and Community Property in San Antonio, Texas?
Understanding Property Division Laws in Texas
If you are considering divorce, you likely have many questions about the legal and financial issues that you will need to address, and you may be concerned about how you and your spouse will divide the property you own. During your marriage, you have most likely accumulated multiple types of assets, and you will want to make sure you will be able to receive your fair share of this money and property. You may also wonder about how any assets you owned before you were married will be handled, and you may be concerned about your ability to protect your financial interests and make sure you will be able to provide for your needs after your divorce is over.
The attorneys of Brandon Wong & Associates know that property division can be a source of anxiety for many spouses going through a divorce. Uncertainty and misinformation can make answering the question "Will I have the assets I need to be okay financially?" very difficult. We help you ease your fears by educating you about the law and helping you understand what to expect during the divorce process. With extensive experience representing clients in family law cases, as well as a reputation for treating our clients with dignity and respect, you can trust that we will provide the legal help and representation that will allow you to protect your interests and achieve a positive outcome to your case.
Community Property Vs. Separate Property
Under Texas law, all property that you and your spouse have acquired during your marriage is considered to be community or marital property. These assets will be subject to equal division upon divorce. Property you owned prior to your marriage, anything you purchased with money you earned prior to getting married, or assets you inherited from loved ones are considered separate or nonmarital property. Separate property is not subject to division.
When you file for divorce, the court will presume that all property you and your spouse own at the time of the divorce is part of the marital estate, regardless of whose name is on the title, property deed, or other ownership documents. You and your spouse have the burden of showing that the court should exclude certain property as separate. As you work to determine how to divide the property you own, you may need to address multiple types of assets, including:
- Your marital home or any other residential or commercial real estate properties you own.
- The vehicles used by you, your spouse, or other members of your family.
- Your personal belongings, including the furniture in your home, appliances, kitchen utensils, and decorations.
- Valuable items such as jewelry, antiques, collectibles, or artwork.
- Financial assets, including joint or separate bank accounts, stocks and other investments, and retirement accounts or pensions.
- Family-owned businesses or other business interests.
- Marital debts, including balances on joint or separate credit cards for purchases made during the marriage, as well as home mortgages, auto loans, or other types of loans.
It is important for divorcing spouses to understand that separate property is not always an "all or nothing" determination. Separate property that had been owned by one spouse can be commingled with marital property. For example, you may have opened a retirement account prior to your marriage, but you may have contributed funds to it during the marriage, and determining the marital portion of this account may be difficult. In some cases, the value of separate property may be enhanced by nonmonetary contributions made by either party. A common scenario involves a spouse who works at a business that the other spouse owned before getting married, and in these cases, the business owner spouse may be required to reimburse the other spouse for the contributions they made that led to an increase in the value of the business.
Property Division FAQs
Answer: Community property refers to any property or income acquired over the course of the marriage. Exceptions may be made for inheritances or gifts given to one spouse specifically.
Answer: Separate property belongs exclusively to one party and is not subject to division in a divorce. This typically includes items that one party owned prior to the marriage or items received as gifts or through inheritance. On the other hand, community property refers to assets acquired while you and your spouse were married, and it must be divided during the divorce process.
Answer: Generally, if you owned your house prior to your marriage, it is likely to be considered your property alone. However, your spouse could be entitled to a portion of its total value in a divorce if they contributed to it with labor or marital funds.
Answer: Determining who will get ownership of a house can be complicated in a Texas divorce. If you owned it prior to the marriage, it will likely be considered your own separate property. However, if you bought the home during the marriage, both you and your spouse will have a claim to it. In this case, one party could agree to keep the home in exchange for a lesser share of other community property, or the house could be sold, and the proceeds of the sale may be divided during your divorce.
Answer: Neither spouse is automatically entitled to half of the community property in a divorce. When your divorce goes to court, your community property will be divided according to what is fair and just. Decisions about how property will be divided may be based on different factors like the length of the marriage, your and your spouse’s earning capacity, and your respective contributions to the marriage.
Answer: Community property can be split 50/50 between spouses in a Texas divorce, but this is not always the case. A judge will make a decision based on what is just and right for both parties. If you file for divorce on fault-based grounds, the party responsible for the collapse of the marriage could receive a lesser share of community property.
Answer: Yes, separate property can become community property when the two are mixed together. For example, if you receive an inheritance that is then placed into a shared bank account, it could become indistinguishable from community property. To avoid this, you may want to consider drafting a prenuptial or postnuptial agreement that excludes certain property from division in a divorce.
Answer: The 10-year rule refers to a spouse’s ability to qualify for alimony in a divorce. If your marriage lasted 10 years and you do not have the means to become self-supporting after your divorce, you could be entitled to alimony payments.
Answer: Since Texas is a community property state, both spouses have a claim to any property purchased or obtained during the marriage. This means that even if your name alone is on the title, the property in question could still be divided in court depending on when you acquired it.
Contact Our San Antonio Property Division Attorneys
If you are considering divorce, we encourage you to contact us as soon as possible. Our lawyers have a strong understanding of complex property division issues, and we excel at skills such as tracing ownership interest in commingled property and uncovering hidden assets. We can advise you on the steps you need to take and the documentation we will need to help you protect your interests. We welcome you to call our office at 210-201-3832 or fill out an online contact form and schedule a consultation with a qualified and experienced property division lawyer.
From our office in San Antonio, we provide legal help to clients throughout Central Texas, including Converse, Seguin, Selma, Windcrest, Schertz, Live Oak, New Braunfels, Alamo Heights, Balcones Heights, Castle Hills, Hollywood Park, Shavano Park, Leon Valley, Helotes, Boerne, Bexar County, Comal County, Kendall County, Guadalupe County and Medina County.
Results listed are not a guarantee or indication of future case results.
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