The Basics: Separate Property in Texas

The Basics: Separate Property in Texas

In Texas, property is presumed as community property unless a spouse can prove otherwise. If a spouse claims that a particular piece of property is separate property and not community property, the burden is on them to overcome that presumption by showing the property in question is separate property using the "clear and convincing" evidentiary standard.

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The Basics: Community Property in Texas

The Basics: Community Property in Texas

Texas is one of the few unique community property states. Community property means any property acquired in the marriage by a spouse unless otherwise classified as separate property. The exception to this is property acquired by gift, devise or descent. In Texas, the presumption is everything is community property unless rebutted. 

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