OMMUNITY PROPERTY

If you are going through a divorce, then marital property is characterized as follow:

Section 3.001 and 3.002 of the Texas Family Code

(1) It is presumed that all property is community property. Community property consists of the property, other than separate, acquired by either spouse during the marriage.

(2) A spouse's separate consists of:

      a.    the property owned or claimed by the spouse before marriage;
      b.    the property acquired by the spouse during marriage by gift, devise, or descent; and
      c.    the recovery for personal injuries sustained by the spouse during marriage, except any recovery for loss of earnings capacity during marriage.

Please make a list of all separate and community property on the Inventory and Appraisement sheet provided by our office, but remember, if you are making a claim that property is separate property, the burden is placed firmly on your shoulders to prove the separate nature of the property. Proof may consist of a deed, a bill of sale, a cancelled check, a receipt or other documentary proof or testimony which may aid the Court to determining whether property is separate or community.