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

Separate vs. Community Property: Understanding Property Division in a Texas Divorce

Kristiana Butler | March 8, 2024

When you get a divorce in Texas, you’ll need to divide up everything you own with your spouse, and to do so, you’ll need to start by understanding what is separate vs. community property. Separate property will be yours to keep, while community property will need to be split between you and your soon-to-be ex. In Texas, everything you and your spouse own is presumed to be community property unless you can prove otherwise.

What Is Separate Property?

Separate property is property you owned before you got married or property you alone received as a gift or through inheritance. If you believe your property is separate, your divorce lawyer will work with you to ensure you have everything you need to prove that this property remained separate throughout the marriage and should not be considered community property.

Are Bank Accounts Separate Property?

Often, financial accounts don’t count as separate property, even if the account is in your name only. Money that you earn during marriage is considered to be community property. Retirement accounts are also often ruled to be community property. Your attorney will carefully examine your assets to make sure that everything is properly categorized to ensure fair property division in the divorce.