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Specialty tag(s): Complex Property, Characterization of Separate and Community Property, Property Division, Divorce

Are Increases in Stock Value Community Property in a Divorce?

Katie Flowers Samler | April 2, 2024

When you get a divorce in Texas, everything you own with your spouse will have to be split between the two of you. But does that apply to the profits from your investment portfolio? The answer will depend on whether your stocks are characterized as separate or community property.

The bulk of a couple’s assets will be considered community property in a divorce, and anything that’s community property will be subject to the property division process. However, if you’ve kept your stock entirely separate from your marital assets, it may very well be considered separate property in the divorce. If this is the case, then any increase in the value of your shares would be yours and yours alone.

Characterizing your assets can be tricky, which is why it’s a good idea to enlist the help of an experienced divorce attorney who can help you sort out all of your financial documentation and determine which assets need to be divided. At Goranson Bain Ausley, our knowledgeable attorneys are well-equipped to assist with divorces involving complex property. Contact us today to set up a consultation.