Texas follows the community property standard when dividing property in a divorce which means that all property acquired during the marriage belongs to both spouses equally. Under the Texas Family Code, “separate” property, the property owned before your marriage, is also defined.
Familiarizing yourself with what counts as marital property in the state will help you keep track of what constitutes separate property in your divorce since the court does not differentiate between the two.
Proof of separate property
Texas courts require adequate reasoning to deviate from a perfect 50-50 property split at divorce. As long as your separate property is traceable with clear and convincing proof, commingling with other types of property will not affect its classification. You must demonstrate to the court that you have total control over your asset by being the only one who uses and manages the property.
Exceptions to the property rule
Any property gifted to you after the date of the marriage is separate property as long as you have evidence it only belongs to you. This includes inheritance gifted during the marriage, passive income and appreciation from separate property, compensation for your personal injury and any property excluded by a valid prenuptial agreement. Separate property is also any property you acquired before the date of your marriage and any property you obtained after your decree of legal separation.
Certain property is both marital and separate if you had it before marriage but used marital monies to maintain, care for or repair the property during the course of the marriage.
