What Happens to Property Owned Before Marriage in Texas? - Linda Leeser

BSPE Legal Marketing Podcast

From Family Matters Law Firm PLLC - In this episode, we discuss "What Happens to Property Owned Before Marriage in Texas?" and how Texas law distinguishes between separate and community property in a divorce. Separate property includes assets acquired before marriage or received as gifts or inheritances, while community property encompasses assets earned or acquired during the marriage. Listeners will learn about the presumption of community property, a key legal concept placing the burden of proof on the spouse claiming an asset as separate.
We explore the challenges of commingling, where separate and community property become mixed, potentially complicating asset division. Strategies like tracing—using bank records, receipts, and transaction histories—are essential to prove the separate nature of commingled property. Documentation plays a crucial role in preserving ownership, as failing to provide clear evidence may result in separate property being classified as community property.
The episode also highlights how Texas courts use the "just and right division" standard when dividing community property, rather than splitting it equally. Factors like financial disparity, fault in the marriage's dissolution, and the conservatorship of children can influence property division. Complex assets, such as businesses and retirement accounts, require careful valuation, often involving forensic accountants to ensure fair outcomes.
Finally, we emphasize the importance of working with San Antonio property division attorneys to protect your financial future. Whether addressing property owned before marriage or navigating disputes over commingled assets, having legal guidance can make a significant difference. Contact Family Matters Law Firm PLLC at [phone] to schedule a consultation and learn how we can assist with your property division concerns.
Family Matters Law Firm PLLC
926 Chulie Dr, San Antonio, TX 78216, United States
[phone]
https://www.google.com/maps?cid=1486853059394308163