What is separate property and community property?
Separate property includes property which a person owned prior to marriage, property received by a person during the marriage as a gift, proceeds from personal injury lawsuits, and property inherited before or after the marriage. Texas is a community property state. Community property includes all property acquired during marriage, except property acquired by gift or inheritance. The courts in Texas presume that all property owned at the time of the dissolution of the marriage is community property. A person claiming that any asset is separate property has the burden of proof to rebut the presumption of community property. Because the court is prohibited from awarding the separate property of one spouse to the other spouse, it is important to determine and properly designate which property is separate and which is community.
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