Mary E. Ramos // Attorney At Law //
What happens to our property?
When it comes to divorce, some states recognize property between a husband and wife as community property. Only certain states permit this type of joint ownership, and Texas is one of those states. This means that both you and your spouse have an undivided one half interest in all the property that you've acquired and the income you've earned during the marriage, regardless of whose name is on the ownership papers or who earned the most money. Basically, unless otherwise agreed by the parties, the property deemed as community property wll be divided equally (50-50) by the court in most cases.
What is separate property?
Generally, separate property is property that was either owned by the spouse before marriage, acquired by gift / inheritance, or
certain kinds of recoveries for personal injuries.
What is community property?
All property acquired during marriage by either spouse is presumed to be community property, and a spouse who asserts that particular property is separate property must prove its sole ownership.