What is Community Property?

In the last post I went through the requirements for identifying certain property as “separate property” in your divorce case for Montgomery County or Houston. Here we will review the rules for identifying community property.

Community property is everything acquired during the marriage that is not properly identified as separate property. The Conroe and Houston Divorce Courts must presume that all property acquired during the marriage is community property unless either spouse can prove to the court by clear and convincing evidence that certain items are protected as separate property.

When Does This Presumption End?

The day your divorce decree is entered and final. The community property presumption remains in effect even after you or your spouse file for divorce all the way through the last day in court. Some individuals choose to use a property agreement while their divorce is pending in order to provide some protection from their spouse’s debts or to protect their own earnings. Speak with a Conroe Divorce Attorney today if you need help protecting your property during your divorce.

The Woodlands Divorce Resource is here to help you with your divorce, child custody, or other family law issue in Montgomery County or Harris County. Many of our visitors come from the areas of Conroe, Oak Ridge North, Cut and Shoot, and other communities in the Montgomery County area or Houston. If you need legal assistance with your family law issue speak with a The Woodlands Divorce Attorney today.

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