PROPERTY QUESTIONS

In Texas, property is described as being “separate property” and “community property”.  Separate property is property belonging to one spouse.  The determining factor is when the property was acquired and the source of the property.  Typically, separate property is property that was: owned or acquired before marriage, or acquired after marriage by gift or inheritance.  Separate property belongs to that spouse and the Court will not divide separate property.  You still must disclose the existence of separate property so that it can be protected by the Court.

Community property is property acquired after marriage, but not a gift or inheritance.  Basically, virtually everything purchased after marriage is community property.  It doesn’t matter whose name is on any particular title document or deed.  If a car was purchased during the marriage, then that car is community property (unless purchased only from gift money or inheritance money) and subject to division by the Court.

Just like property, debts are categorized as separate and community.  Although a Court can divide the parties’ debts, this division is not binding on the creditor.  If your name was on a particular debt, it will remain there unless that creditor chooses to remove your name.  The only real protection is indemnification.  If a creditor came after you because your ex-spouse failed to pay his/her debt under the divorce decree, you would have a legal claim against your ex-spouse.

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