The Difference Between Separate and Marital Property

When spouses end their marriage, one of the biggest issues they will face in their divorce will revolve around the process of dividing marital property. Texas follows community property laws, which means that the court must divide all marital property as evenly as possible between spouses. However, distinguishing the difference between separate property and marital property often presents some serious challenges and conflicts for many couples.

What is Separate Property and What is Marital Property?

In a divorce, separate property is not subjected to division.

Below is a list of some examples of separate property:

  • Property you owned before getting married
  • Money you received for personal injuries you sustained
  • Any assets or property you inherited
  • Gifts you received

All other property you acquired during the marriage will likely be considered marital property and, therefore, must be divided between you and your spouse. Although Texas is a community property state, it does not necessarily divide marital property equally. Instead, a judge will examine several factors before moving forward with a settlement that is “just and right.”

Here are some factors a judge will consider:

  • The health of each spouse
  • If there is a substantial disparity in earning ability between spouses
  • Each spouse’s educational level
  • The future employability of each spouse
  • Which spouse has child custody

Distinguishing the difference between marital property and separate property can be even more challenging for longer marriages where separate property may have commingled with marital property. That is why it is essential to hire an experienced divorce attorney to handle your case.

Schedule a Case Evaluation with a Knowledgeable Divorce Attorney to Get Started!

In addition to being an emotional process, divorce can also be incredibly complex, especially when it comes to dividing property. At Kay Polk, Attorney at Law, our family law attorney has been guiding clients through the divorce process for the past 19 years and is backed by a history of successful results. You can rely on us to provide the legal advice you need to make the best choices for your future.

Reach out to our law firm today at (713) 234-6260 to set up a consultation with our skilled family law attorney to learn more about your legal options and how we can help get you through this difficult time.