Separate Property in Divorce Cases

Property division can be one of the most stressful aspects of a divorce. Whether that property includes the marital home, other houses or land, vehicles, investments, or retirement savings, division can be complicated—and bitterly contested.

In Texas, most property acquired during a marriage is considered community property and will be divided. However, there are exceptions. 

To determine whether you have any property that could be solely yours and, therefore, not eligible to be divided in a divorce, talk to one of our property division attorneys at Garza Law Firm.

Defend your property and rights. Schedule a complimentary consultation with Garza Law Firm by calling (214) 225-4344.

Proving Separate Property Ownership

Separate property cannot be divided in a divorce. 

In order to establish any property as your separate property, you must prove that you either owned the property before getting married or that you obtained the property during the marriage as a gift or inheritance.

For example, if you purchased a house before marriage, that house is your separate property and a court cannot award any ownership of that house to your spouse.

Funds obtained through a personal injury settlement may also be considered separate property, as they were awarded solely to one individual.

The following can be used to prove separate property ownership:

• Legal documents, such as deeds, tax returns, and wills
• Supporting documents for purchases, such as bank statements, property tax receipts, corporate records relating to stocks, and more
• Evidence of mutations, or clear proof that separate funds were used to purchase property after the marriage
• Testimony of witnesses
• Testimony of one or both spouses

What a Lawyer Can Do For You

It can be tedious and difficult work to track down property documentation, and you may not know if the documentation you have is proof enough to be awarded separate property. But a lawyer can tell you and can also track and document evidence you may not think of.

 It’s best to work with an experienced and diligent attorney—like those at Garza Law Firm—to prove separate property.

Call Garza Law Firm at (214) 225-4344 today to learn more about how we can assist you.