When you get a divorce, the question of what assets are given to whom will probably come up. Divorce can mean giving your partner spousal support also. It may be a good idea to be informed as to what the state of Texas says about this subject.
Chapter 3 of the Texas Family Code, Marital Property Rights and Liabilities, delineates what property is and how it is categorized. Separate property is defined as the assets you owned before you got married, the property that was given or willed to you during the marriage, and additionally, as assets that became yours as part of a personal injury claim while you were married. The only part of the personal injury property you can’t claim is any lost wages you recovered.
Community property in a divorce is any asset that isn’t considered private or separate property and was acquired while you were married. In other words, any asset or property that you received while you were married, or that you received while you were obtaining a divorce is automatically assumed to be community property.
You have to have proof that is both clear and convincing that you were given an asset separately. An example of this would be a copy of a will that includes you in the distribution of wealth by the person who passed away.
Another method of proving separate property is to have it recorded in the deed records of the county that you live in and where the property is located.
If you have given your soon-to-be ex-spouse a gift of property, the court will assume that the total income from the property and the actual value of the property is included in the gift. In other words, you can’t expect to get income back from the property that you gifted to your spouse.
If you are concerned that the property distribution, spousal support or any other issues of the divorce will not be equitable and fair, you may want to contact a professional who knows the laws of Texas and has experience in this area.
Source: Texas Constitution and Statutes, “Chapter 3 of the Texas Family Code, Marital Property Rights and Liabilities” Sep. 08, 2014