Community Property vs. Separate Property
Understanding Community & Separate Property in Texas
In Texas, the legal principle of community property calls for the equal division of all marital income and property – as well as debts – in a divorce. Absent certain exceptions, such as a valid and enforceable prenuptial agreement, the outcome should be an equal split of all property and income that was acquired during the marriage. Notably, community property may also include dividends earned on securities, retirement accounts, or income on separate property investments.
Attorney Georgia Barker has the experience to protect your financial interests in a divorce. We represent clients in Katy, Sugar Land, and beyond.
Call us at (713) 597-3911 or contact us online to learn more.
Understanding the Key Differences: Community vs. Separate Property
Community property is property that you and your spouse acquired while being married, or bought with community funds, or it’s separate property that you agreed to convert to community property. Separate property is any property that you owned before your marriage or received as a gift/inheritance.
Understanding whether something is community or separate property can be complex, so it’s important that you seek counsel from an experienced attorney. The team at Barker Law Firm PC can help you with this.
Factors That Determine Community Property in Texas
Although the principle of community property division may be straightforward, disputes often arise. Specifically, assets must be valued and inventoried before they can be divided equally. A couple may not agree upon the status of an asset as marital or separate, or on its worth. Unless proven otherwise, the law will presume that all assets are community property.
Can Separate Property Transition to Community Property?
Assets can also be a mix of community and separate. For example, if you make house payments or remodel a separate property house with community property, your spouse will have a community property interest. If you refinance a house and place your spouse's name on the deed, the house becomes community property. We may recommend appraising the house on the date of the deed change so that only the appreciation after that date would be considered community property.
Guiding You Through Property Division Disputes
At Barker Law Firm PC, we have over 20 years of experience helping couples work through property division issues. We may work with a team of professionals, such as forensic accountants, to resolve valuation disputes. We may analyze an asset under the inception of title rule to determine if it qualifies as inherited property, which is not included in the marital estate. The rule examines the status of an asset at the time it was acquired.
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“Georgia was amazingly helpful throughout the entire process. She took on my case when I was down to the wire and needed help ASAP. She fought for everything I asked for and was far more knowledgeable than opposing counsel. I’m very grateful for her and her team and while I hope not to need her in the future I will always keep her number close by.”- Robyn B.
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“Georgia is very easy to work with, she was very responsive and patient throughout my whole case I highly recommend working with her for any Family Law related cases.”- Fernando D.
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“Barker Law Firm is AMAZING! My husband recently passed away, I would have been lost without them. They guided me through the probate every step of the way. Thank you to the entire team!”- Anonymous
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“Barker Law Firm represented me successfully during my Divorce, I was able to get back my properties I lost during my first hearing. Will always recommend friends and family to this Law Firm, thanks to the staff who assisted me during my Divorce as well.”- Alice R. Martin
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“Georgia Barker's and the Barker Law Firm PC is the place to choose for a divorce or any other legal matter where a great lawyer is needed. And let's not forget her paralegals! All and all a great team, very professional and knowledgeable. Throughout my son's divorce procedures we enjoyed working with Georgia and her team and the results were accordingly!”- Former Client
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“I recently went through a divorce and Barker Law Firm was truly amazing. Georgia is a great lawyer, she is very responsive and always attentive to details. Her team is also great and always on top of everything. Everyone knew what was going on with my case and I never had to chase them down for anything. I would recommend this firm to anyone in need of a family lawyer. Georgia knows her stuff and she will always provide the best advise and path forward for your benefit. She will fight for her client and get you the best possible outcome. Best thing for me was the access I always had to being able to discuss or talk to her over the phone at any time. She was ALWAYS available. I was really happy with my outcome and her great work! Hands down one of the best family lawyers out there! You wont regret it!”- Karent A.
