What You Should Know About Separate Property in a Texas Divorce

 Posted on May 18, 2025 in Divorce

As you approach the property division stage of divorce proceedings, you likely have concerns and anxieties about what could happen to some assets that are important to you. The process can be intimidating, but an experienced Houston, TX asset division attorney will be with you every step of the way, ensuring you are aware of your rights and the laws that govern your case. Start with a basic understanding of separate property – a significant concern for most.

How Does Texas Define Separate Property?

According to the Texas Family Code regarding property rights and liabilities, separate property in a divorce consists of the following:

• Property claimed or owned by a spouse before the marriage

• Property acquired as a gift or inherited during the marriage

• Any financial compensation awarded to a spouse for personal injuries sustained during the marriage

It seems straightforward, but it is easy for the lines between separate and community property to blur. For example, if you purchased a house before the marriage, you would assume it belongs to you as separate property. However, if community funds were invested in the house during the marriage, it becomes slightly more complicated. Commingling funds and other assets can make it difficult to prove that something belongs solely to you. This is often the case for couples divorcing after a long marriage.

Do You Have To Prove That Separate Property Is Yours in a Texas Divorce?

Texas is a community property state. That means that assets and debts acquired during the marriage belong to both parties, regardless of who acquired them, and the court automatically assumes everything is community property unless you can prove otherwise. Therefore, even if you owned an asset before the marriage, you must show that it was yours and that no community funds went into it.

Is Inheritance Considered Separate Property in a Texas Divorce?

The definition of separate property mentioned above states that gifts and inheritance given to one spouse before or during the marriage belong to the spouse who received them. However, again, commingling can make the characterization of those assets more complex. For example, if you inherit money from a deceased relative and deposit it into a shared account or use it to purchase a home for your family, it could be subject to equal division.

The most efficient way to protect separate property is to do as the name implies and keep it separate from other assets. Maintain a separate account in your name for inheritance. If you receive an expensive gift, such as real estate or a vehicle, keep the titles in your name alone. If you have questions about commingled property or how some of your assets may be characterized, an experienced attorney can help.

Contact a Houston, TX Property Division Attorney for a Free Consultation

Dividing property can be the most challenging part of divorce proceedings for many couples in Texas, especially if you have a heavy asset portfolio. If you have concerns about your ability to prove your right to certain assets, a Harris County, TX divorce lawyer from The Cusic Law Firm, P.C. can help you identify your separate property and gather the appropriate evidence to support your claim to it. Call 713-650-1866 today to schedule your free consultation with a compassionate and understanding attorney.