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Barbara L. Jouette, Attorney, P.C.
888-268-7997 / 214-385-4562

Separate and marital property in Texas

In Texas, when a couple gets married, any property that they obtain during their marriage will belong to both parties. This means that any real estate or financial assets that are obtained are considered to be marital property and can be divided fairly between both sides should they get a divorce.

If a couple with considerable assets decides to divorce, the couple's marital property will be split. Because Texas is a community property state, the property will not necessarily be divided equally between the two parties. The judge presiding over the case may take any number of factors into consideration, including children, the separate estates owned by both parties and what actually caused the divorce. Additionally, certain property can be difficult or impossible to provide, including homes and furniture.

In many cases, couples are coming into a marriage with certain property that they already own. This property is called separate property. While most separate property is returned to the person who owned it prior to the marriage, it can become commingled. In order to protect this property, couples can file a Premarital or Marital Property Agreement. This legal document ensures that separate property remains separate and cannot be divided should the parties decide to get a divorce down the road. While Premarital Property Agreements must be signed before the marriage, a Marital Property Agreement can be signed at any time during the marriage.

A marriage dissolution can be complex and cause emotional distress for everyone involved. A family law attorney may assist with the division of any marital property that is owned by the couple. If their client entered into the marriage with property, the attorney may also assist with protecting their client's separate property through documentation or through property agreements.

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