FAQS - HOUSTON FAMILY LAW AND DIVORCE ATTORNEYS

Serving Clients in Houston, West Houston, Southwest Houston, Sugar Land, Katy, Copperfield, Memorial, Spring, Northwest Houston, Northchase, Spring Cypress, Champion Forest, The Woodlands, Kingwood, Humble, Lake Houston, Midtown, Memorial, West Oaks, Royal Oaks, Clear Lake, League City, Westchase Business District, Harris County, and Galveston County.

VERITAS LEGAL GROUP'S FAMILY LAW & DIVORCE FAQs

Please Contact Our Houston Child Support and Custody Lawyers & The Woodlands Divorce Attorneys Regarding Specific Questions

What is separate property and community property in Texas?

If you are going through a divorce or contemplating filing a divorce petition, you need to know what is community property and what is your separate property. Separate as opposed to community property is property, real or personal, that was owned or claimed by a spouse before the marriage; property acquired by a spouse during the marriage by gift, devise, or descent; and recovery for personal injury sustained by the spouse during the marriage, but not recovery for loss of earning capacity during the marriage. The rule concerning characterizing property as community or separate is called the inception of title rule. Basically, when a party has first right to the property, the circumstances surrounding that event are scrutinized to determine the proper character of the property.

Community property is property that is not separate property that was acquired by either spouse during the marriage. In Texas, all property is considered to be community property subject to proof of its separate character. Examples of community property are: a house purchased during the marriage, interest income on separate property acquired during the marriage and a spouse’s salary, earnings of an unemancipated minor. Unique only to Texas, income from separate property from the date of marriage to the date of divorce is also considered to be community property. Upon divorce, all community property is subject to division either by agreement of the parties or by final judgment in a divorce proceeding. Please contact the Houston Family Law Attorneys and the Spring and The Woodlands Divorce Lawyers at Pham & Cloves, PLLC for more information regarding marital properties.

DISCLAIMER

Pham & Cloves, PLLC is a general practice law firm. Our law office does not claim to specialize in any area of law stated above. Each legal issue is unique depending on the fact and circumstances surrounding each case. In many cases, further research and analysis must be done before a competent legal issue may be answered. You should NOT rely on the information on this FAQ section to replace a personal consultation with an experienced Houston Business Transaction Attorney and A Houston Business Formation Lawyers. There may be legal issues in which you may not be aware. Please feel free to call the Houston Texas Divorce Attorneys and the Woodlands Family Law and Child Custody Support Lawyers at Pham & Cloves, PLLC today at713-492-0337 or complete our Contact Form.