Going through a divorce can be an emotionally taxing and stressful time in your life. The stakes can seem higher for those who are also worried about the fate of their property and assets and how these might be divided. Stange Law Firm, PC, uses all the tools at our disposal to protect you and your property, including the Texas separate property shield.
Community vs. Separate Property in Harris County, Texas
Before entering into litigation or negotiation over your assets, it is first vital for you to know what is considered shared or community property throughout your marriage or union. Community property includes assets or debts that are shared or acquired throughout the marriage.
Common community property includes:
- The income earned by each spouse throughout the marriage
- Property purchased during the marriage
- Businesses opened during the marriage
- Debts accrued during the marriage
Separate property is not divided in a divorce or separation unless otherwise noted in a preexisting marriage agreement. Separate property includes:
- Property or assets acquired before the marriage
- Assets received before the marriage
- Inheritance or gifts received by one party during the marriage
In Texas, while property and assets are not divided in an even 50/50 split, the goal is still for an overall fair and equitable split between the parties. Unique circumstances, like a divorce involving a high net worth, might require special oversight from one of our award-winning separate property attorneys.
According to the most recent U.S. Census, Texas is among the median for shortest marriages, as well as the third youngest in median age when it comes to marriage. Understanding the legal ramifications before getting married is as vital as understanding them when filing for a divorce or legal separation.
Consulting legal representation at all stages of major life events can benefit you not just in the moment but for decades to come. As a citizen of Texas, you have many legal protections. The most important rule to recall is that you and your assets are protected by the separate property shield.
What Is the Texas Separate Property Shield?
The Texas separate property shield covers and protects assets that were acquired before a marriage, were inherited, or were gifted. If you are facing difficulty proving that your assets are separate from your ex-partner’s, your strongest evidence will be well-documented and dated financial statements, transactions, wills, deeds, and other legally binding agreements. Per Texas Family Code Chapter 3, proper documentation is vital in proving assets are not community property in a separation or divorce.
Commingled assets in a marriage will be more difficult to prove in a separate property case. Proper and thorough tracing will be needed to follow the monetary trail of when assets were acquired, what accounts were used to pay for expenses toward the asset, like mortgages, down payments, or renovations. If the court finds that joint funds were used to support an asset, even if it was initially acquired before the marriage, it might be judged to be commingled.
When presenting this evidence to a Harris County court, the burden of proof lies with the party claiming the property is separate. With your cooperation, your separate property lawyer will compile a convincing and evidence-supported case to prove that your assets are yours.
Property law in Texas is complex. You can save time and stress by hiring a Harris County separate property lawyer who is well-versed in Texas laws and is experienced with cases like these.
FAQs
What Is the Inception of Title Rule in Texas?
The Inception of Title Rule in Texas is used to determine the ownership or right to property in a marriage or divorce. In simple terms, unless otherwise stated in a marriage agreement, property that was owned prior to a marriage remains the property of the party it belonged to at that time. This rule determines ownership and dues owed to the other party by reviewing dates of acquisition and reimbursement claims.
How to Prove Separate Property in Texas?
Documentation and evidence are key in proving a Texas separate property case. Documents that show when the property was acquired, how it was acquired, and bank or financial trails of any and all money related to the property and its upkeep help solidify a claim to property in a separation or divorce. Inheritance and gifts are unique in that if acquired during marriage, it remains the property of the party to whom they were gifted or left.
How to Prove Premarital Assets?
Legally recognized, dated documentation, such as deeds, titles, banking and financial statements, and a record of any gifts or inheritances received prior to the marriage, is suitable evidence to prove premarital assets. Foresight is the easiest way to protect your assets when getting married. A knowledgeable and skilled Stange Law Firm, PC, attorney can help you plan for your future today.
How to Prove Separate Households?
When it comes to property division, testimony typically is not enough. To prove separate households in Texas, dated documentation and financial statements are crucial to any case. It is generally advised to avoid putting funds for sole, premarital property into joint accounts, as that can make it more difficult to prove the property is not community property.
Hire a Separate Property Lawyer at Stange Law Firm, PC
When it comes to your money, your property, and your assets, you want an attorney with relevant experience and an award-winning legal team to back you. Whether you are working to protect your assets, simply want to ensure you and your ex-partner’s assets are divided through a fair and balanced negotiation, or if you are in need of alternative dispute resolution options, a Stange Law Firm, PC, attorney can assist you with all of your legal needs.
Our seasoned legal team understands the complexities of separate marital property issues. We work diligently to protect what matters most to you. Contact us today to hire a separate property lawyer who can help. Schedule a confidential consultation today.