Texas marital property laws recognize the concept of "community property." This means all property and income are divided equally upon the death or dissolution of the marriage. However, there are exceptions to this rule, such as gifts given prior to marriage, separate property inherited prior to marriage, and property purchased with separate funds.
The rules governing what constitutes marital property vary depending on whether you're married or divorced. If you're still together, both spouses own everything jointly unless one spouse gives away a gift that becomes his/her sole property. If you've been separated for some time, however, it's possible that your former spouse owns half of everything, and you own the rest.
What is Considered Community Property in Texas?Texas law says that all property acquired during the marriage is considered community property. However, there are exceptions to this rule. For example, some assets may become separate property if one spouse acquires them prior to marriage. Separate property includes things like money earned before the marriage, gifts received before marriage, inheritances, etc.
While Texas is a "community-property" state, that doesn’t mean everything gets split perfectly into the half when spouses divorce. If you want to know how much of each party’s estate belongs to whom, you must look at the inception of title rule. This rule states that all property acquired during the marriage is presumed to be a community except for certain types of property that are deemed separate.
The court looks at the date the property was acquired to see whether it was acquired before or after marriage. If it was acquired after marriage, it becomes separate property.
What is Not Considered Community Property in Texas?The Texas Constitution states that separate property is that which was owned or claimed before marriage, including gifts that are acquired afterward by gift, devise descent, or inheritance. This includes anything that one spouse owns individually, even if the couple lives together as husband and wife. However, there are some exceptions to this rule, such as gifts that are intended to remain separate property.
The Texas Supreme Court has ruled that a gift is considered to be separate property if it is given without consideration and the donor intends to give the recipient the benefit of the gift regardless of whether the recipient marries him/herself. Gifts that are intended to become community property must be explicitly stated in writing by the parties to constitute community property.
While it is true that a gift of separate property may later be converted into community property, this does not necessarily mean that the entire gift becomes community property. Instead, the court looks at what the donor had originally intended as his/her separate property and determines whether the gift was transformed into community property. If the original intention was that the gift was meant to be separate property, the courts will generally treat it as such. On the other hand, if the donor clearly intended to make the gift jointly to both spouses, the courts will consider it to be community property.
A gift of separate property may still be subject to claims of reimbursement under certain circumstances. For example, if a party gives separate property to another person intending to reimburse that person for money spent on the gift, the courts will look at the amount paid out of the giver’s separate funds. In addition, if a spouse spends separate funds on behalf of the other spouse, the courts will consider those expenditures as part of the marital estate.
In short, the Texas constitution provides guidance about what constitutes separate property, but it does not define every detail. As mentioned above, the courts will determine the character of the property based on the intent of the donor at the time the gift was made.
Getting Divorced in Texas? You May Need Legal HelpDivorce is often one of the most difficult decisions people make in life. While there are many reasons why couples decide to separate, it is important to know that the process itself isn’t always simple. In fact, there are some things that even the most seasoned attorneys don’t fully understand about the law. If you want to learn more about the legal aspects of divorce, you may want to consider hiring a qualified attorney. Here are four ways that a good divorce attorney can benefit you.
1. They Can Help Protect Your Rights
As mentioned earlier, divorce is a highly complex issue that involves multiple parties. When you hire a lawyer, they can help you navigate the complicated rules and regulations surrounding family law. For example, they can advise you of your rights under the Family Code and explain how courts apply those rules. A knowledgeable divorce attorney can also help you understand whether certain assets are considered marital property and therefore subject to division during the divorce proceedings.
2. They Can Help Keep Costs Down
When you go into divorce without representation, you run the risk of paying high fees for services that aren’t necessary. By working with an attorney, you can avoid unnecessary expenses while still getting the advice and assistance you need. Of course, you won’t pay less money than you would if you hired an attorney on your own. However, you can rest assured knowing that you’re receiving quality legal counsel.
3. They Can Help Ensure Fair Treatment
If you think that the judge might favor your spouse over you, it could hurt your case. Instead of fighting against your ex-spouse, you can work together with your attorney to present evidence that highlights your strengths and weaknesses. As long as you’re honest about your mistakes and failures, you can use the information to your advantage.
If you are facing legal issues, it is important to find a lawyer who specializes in that area of law. Attorneys often specialize in areas such as family law and divorce, etc., and can help you navigate the legal system.
An experienced family law lawyer in Harris County, Galveston County, Fort Bend County, Montgomery County, Brazoria County, Houston, Sugar Land, Missouri City, and Stafford, Texas at Thornton Esquire Law Group, PLLC, can help you explain and navigate the entire divorce process. Contact us today at Thorntonesquirelawgroup for a free consultation.