Community Property in Divorce | Kingwood Divorce Attorney Brian McNamara

There Is No Automatic 50/50 In Divorce

In Texas divorce, community property is divided between the spouses, and separate property is not. There is no automatic division of community property, 50/50 or otherwise.

An Experienced Lawyer Who Understands the Intricacies of Separate & Community Property

At the time of divorce, all property is initially presumed to be community property. If a spouse claims that property is separate, that spouse must prove by clear and convincing evidence the separate character of the property. Separate property is everything that was owned before marriage or can be clearly traced to an asset that was owned before marriage; or anything that was acquired during marriage by inheritance, personal injury recovery, or as a gift (including gifts between spouses). Everything else is usually community property.

Never Forget The Details

At the McNamara Law Office, we find that the most common issue with separate property is usually one of proof. For example, the spouse claiming that property is separate is unable to locate records that demonstrate the extent to which an asset was owned before marriage or that a gift was made only to that spouse, not to both. We have experience dealing with these issues and may be able to suggest ways to prove the ‘character’ of an asset that you had not considered, whether you are trying to prove that it’s separate or keep it within the community estate.

Contact McNamara Law Office, PLLC now to schedule a consultation with an experienced Texas family law attorney and divorce lawyer.

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