Back to Learning Center


Specialty tag(s): Property Division, Characterization of Separate and Community Property, Dividing the Marital Home

What is Separate and Community Property?

Kathryn J. Murphy | April 26, 2017


The second step after we identify all the assets is to characterize the assets as separate property or community property.

So all assets that are owned or possessed by either spouse on divorce, are presumed to be community property. It’s important to know what is separate property, because the court cannot divide a spouse’s separate property. The court can only divide the community property.

So if the spouse proves that certain assets are his or her separate property, those assets go off the chart when we are talking about dividing them.

And once they’re proven, the asset is confirmed to be the separate property asset of the spouse that proves that. And oftentimes we can get an agreement that certain assets are separate property.

To learn more, contact Kathryn J. Murphy at (214) 473-9696.

Services to Help Solve Your Challenges

Our attorneys are experienced in all aspects of family law and will guide you through each step of the process, ensuring you have the information you need to make wise decisions and prepare for the future.

Get in Touch

At Goranson Bain Ausley, we strive to deliver clarity about what comes next and confidence that you and your family’s future are more secure. Contact our team and discover how we can help you.

“Helping clients weigh the benefits of any given action, as well as the financial and emotional costs, is at the core of everything we do.”

Request A Consultation


Young business man working in office, using a laptop

Ryan R. Bauerle

What Am I Entitled to in a Texas Divorce?

In a Texas divorce, who gets what isn’t always clear-cut, especially since this is a community property state.


GBA 2023 Super Lawyers Rising Stars Ryan Bauerle, Hayley Collins Blair, Kristiana Butler, Ally Caskey, Angelica Rolong Cormier, Lindsey Obenhaus, Cassidy Pearson, and Chandler Rice Winslow

8 Goranson Bain Ausley Attorneys Named 2023 Super Lawyers Rising Stars

We are pleased to announce that eight Goranson Bain Ausley attorneys have been selected to the 2023 Super Lawyers Rising Stars list.

Latest Resources

Lets's Get Started

Pay Online



Fort Worth