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

How to Prove Separate Property in Texas Divorce

Hayley Collins Blair | February 14, 2019


In every Texas divorce case, the court divides property in a just and right manner, divides marital property. Property the court cannot divide is separate property. In proving separate property, there needs to be an additional offer of supporting documents or other evidence, and oftentimes a testifying expert will be needed.

My greatest advice to a client that wants to prove separate property in a divorce is to keep that in mind during the marriage. So with bank accounts, for example, keeping separate property funds and accounts separate, and not mixing them with marital property, property earned during the marriage.

My goal in working with clients to prove separate property is to do just that, to prove the property and to work with the client and get the evidence needed so that we can confirm their separate property, and so it’s not divided by the court.

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