Lacy Lakeview, TX Divorce Law Firms & Lawyers

Property owned prior to a marriage, to which no contribution was made, and no change in the names on the property occurred during the marriage should be classified as separate property, not subject to division in a dissolution. You should consult with an experienced family law attorney to discuss your rights in community property, and how to verify that property is separate property.

In Texas, all property is considered community property if it was acquired during the marriage unless it was acquired by gift, devise (granted through a Will) or descent (inherited without a Will). Thus, if the property is purchased while the couple is still married, it will be considered commuinty property even if the couple is separated. However, either party can request that any property be awarded 100% to the party in a divorce proceeding. Also, couples who have been separated for a long time often come to an agreement on how property will be divided. If there is no agreement, the court has a duty to make a just and right division of all community property. When couples are separated for a long time, it is possible to make an argument as to why getting 100% of certain property is just and right. However, it is up to the court to make the ultimate decision on property division if the parties cannot come to an agreement.