What Is Separate Property?

Texas is a Community Property state. The Montgomery County Divorce Court and the Houston Divorce Court treat separate property and community property differently when it comes to dividing property as part of a divorce proceeding. So what exactly is “separate property?”

Separate property is:

(1) property owned or claimed by a spouse before marriage;

(2) property acquired by the spouse during marriage by gift, devise, or descent; and

(3) recovery for personal injuries sustained by the spouse during the marriage, except any recovery for loss of earning capacity during marriage.

Why separate property is important.

The local divorce courts have broad discretion to divide community property as the judge sees fit. The judges do not have the same power over a spouse’s separate property. If you own property that fits any of the above descriptions then your Houston Divorce Attorney can help you keep it and protect it from your soon to be ex-spouse.

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