Property that was owned prior to the marriage is usually considered separate property, along with individual gifts, inheritances, personal injury awards, property acquired in just one spouse’s name that is not used for the benefit of the other spouse and property agreed to be separate. Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. You need advice about what is really yours, hers, and in between. Even gifts that are intended to be shared by both spouses cannot be listed as community property (although each could claim half of it as separate property). This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. According to the Texas Constitution, separate property is that which is "owned or claimed before marriage, and [property] acquired afterward by gift, devise, or descent." Guest & Gray has the experience you need to address these complicated issues that can come about. Texas follows a legal principle called the inception of title doctrine. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching. It’s considered the separate property of one or the other spouse and doesn’t get divided. Visit our professional site », Created by FindLaw's team of legal writers and editors You are not alone to have commingled property—many people have concerns about property and what ultimately happens to it, especially if it is a house or some other large asset. While property owned by either spouse prior to the marriage can remain the property of the original owner, most things acquired after the wedding (community or marital property) and before separation are often subject to division upon divorce. This is what we are going to discuss in today’s blog post. We recommend using Separate property is not subject to asset division in divorce. Are you a legal professional? This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. This is true even if the property is very significant, such as a home that the couple lived in together during the … If you did buy your house prior to marriage, it is your separate property; however, if you are still paying on the mortgage during your marriage then your spouse could have a community reimbursement claim. But, now you are concerned because you deeded the home to both of your names after you were married. Separate property is anything acquired prior to marriage or by gift, devise or descent during marriage. The classification of property owned by a married couple can be important for determining taxes after death and dividing assets as part of divorce. Posted at 12:03h in Family Law by quirky-curran 0 Comments. Property owned by one spouse prior to the marriage Gifts one partner received before or during the marriage Property obtained in one spouse’s name and never used for the benefit of the other spouse or the marriage Inheritances received by one partner before or during the marriage Of course, prenuptial agreements and other special orders may alter how marital property is split after a divorce. In Texas, we look at property as either community property or separate property. You May Need Legal Help. What is Considered Community Property in Texas? During a divorce, spouses must divide all of their property. For example, if the home you owned before marriage increases in value during the marriage because of you and your spouse's efforts to maintain and improve it, your spouse may be entitled to a portion of that increase in value. 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