Question By: In a divorce case, there is often concern over how the marital property will be divided between the spouses. Understanding how Texas approaches marital property and its division in a divorce can help simplify the process and relieve some of the stress that comes with not knowing what to expect during divorce proceedings. This article will provide insight into divorce laws in Texas regarding property and help prepare you to understand how marital property is divided and affected by the divorce process.y.
Property Characterization During the Divorce Process
Community Property
Texas follows the community property model for property division in a divorce. This means that all marital assets acquired by either party during the marriage are considered to be owned equally by the parties and, therefore, must be divided in a just and equitable manner between the two spouses upon divorce. Tex. Fam. Code § 3.002. It does not matter if the property is held in only one spouse’s name—if it was acquired during the marriage, it is presumed to be community property and subject to division of community property. Tex. Fam.
Separate property
Separate property is property that was owned by one spouse prior to the marriage or acquired by only one of the spouses during the marriage by gift, inheritance, or personal injury settlement (except for any recovery for loss of earning capacity during the marriage). Separate property does not fall under community properties. Tex. Fam. Code § 3.001. Any asset that can be proven to be a separate asset by clear and convincing evidence will remain the separate property of the owner spouse and is not subject to division of property in a divorce.
Conversion of Property
The separate property of a spouse can be converted into community property during a marriage, thereby subjecting it to a fair and equitable division in the divorce, according to divorce law in Texas regarding property. In order to convert the property, the spouses must both sign an agreement that identifies the property being converted and specifies that the property is being converted to the spouse’s community property. Tex. Fam. Code § 4.203(a). That written agreement would stand as proof in your divorce that one spouse’s separate property was, in fact, converted to community property during the marriage. Absent an agreement, or some other form of pre- or post-marital agreement, it would be very difficult to prove conversion of separate property.
Visit https://www.ondafamilylaw.com/how-is-property-division-decided-in-texas-divorce/ for prior consultation.
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