Texas Divorce Laws - Community Property Laws in Texas

Under Texas divorce laws, all property owned by a married couple is considered either community property or separate property. Community property refers to assets owned jointly by husband and wife, and includes assets acquired during the marriage. Separate property is includes property owned prior to marriage, or acquired by gift or inheritance, or acquired by funds directly traceable to these items. Community property is subject to division between spouses upon divorce. Separate property is retained without distribution. Community property laws in Texas create a rebuttable presumption that all property is community property, until proven otherwise by clear and convincing evidence.

Texas Divorce Laws - Community Property Management

Community property is subject to sub-classification for application under Texas divorce laws. Joint management and control assets are those that are controlled for the benefit of both spouses, including homes, retirement accounts and stock portfolios. Separate management and control property is define under Texas divorce laws, and includes clothes, jewelry and other items of a personal nature that are intended for the exclusive benefit of only one spouse. Special provisions are provided by community property laws in Texas to insure each spouse retains their sole management and control community property.

Texas Divorce Laws - Community Property Commingling

If separate property is liquidated and funds are used to acquire new assets, the distinction under Texas divorce laws as separate property may be compromised. Commingling of both separate and community assets results in a presumption that all assets are community property.

Texas Divorce Laws - Frequent litigation of community property issues

• Many Texas community property cases deal with commingling.
• Texas community property laws regulate management rights while divorce is pending.
• Texas community property divorce procedures for sale and division of assets may be altered by agreement.