{"id":11871,"date":"2024-10-11T16:40:35","date_gmt":"2024-10-11T21:40:35","guid":{"rendered":"https:\/\/gbfamilylaw.com\/?p=11871"},"modified":"2024-10-11T16:40:36","modified_gmt":"2024-10-11T21:40:36","slug":"five-tips-to-protect-and-maintain-your-separate-property-in-divorce","status":"publish","type":"post","link":"https:\/\/gbfamilylaw.com\/blogs\/five-tips-to-protect-and-maintain-your-separate-property-in-divorce\/","title":{"rendered":"Five Tips for How to Protect Your Separate Property in a Divorce"},"content":{"rendered":"\n

It\u2019s not difficult to do a quick Internet search to learn that Texas is a community property state. However, the legal analysis of what is not considered community property (called separate property in Texas)<\/a> can be much more nuanced. When a spouse owns or receives separate property, that spouse is at risk of having what was once considered separate property instead be classified as community property during the divorce process unless that spouse takes affirmative steps to protect that separate property.<\/p>\n\n\n\n

In a community property state like Texas, understanding what is considered separate and community property is important for spouses considering divorce. In this article, you will learn the difference between separate and community property<\/a> and how to protect your property in a divorce.<\/p>\n\n\n\n

What Is Separate Property in a Divorce?<\/h2>\n\n\n\n

Separate property includes property owned before marriage and property acquired during marriage by gift or inheritance.<\/p>\n\n\n\n

Unlike community property, the separate property of a spouse cannot be divided by a court and is instead awarded to a spouse independent of the property division, as long as that spouse can prove that the property is separate property in the divorce with clear and convincing evidence.<\/p>\n\n\n\n

Tips to Protect Your Separate Property in a Divorce<\/h2>\n\n\n\n

Because the law presumes all property owned by spouses to be community property, meeting the burden of proof to confirm your separate property in a divorce can quickly become an expensive undertaking. Here are five tips for how to protect your property in a divorce that can help you avoid some of the more costly mistakes we commonly see married parties make in managing their separate property funds.<\/p>\n\n\n\n

1. Avoid Commingling<\/h3>\n\n\n\n

Here\u2019s a hypothetical example of commingling: If husband David deposits $100,000 he received as an inheritance from his mother\u2019s estate into a joint account he holds with wife Deborah that already has $100,000 of community property in it, David\u2019s separate property has now been commingled with community property in a joint account.<\/p>\n\n\n\n

To establish clear and convincing evidence that the inheritance is separate property, David must trace the funds through this account from the time he deposited his inheritance through the date of the divorce. This typically requires a forensic financial expert. If the separate property deposit was made in 2009 and the divorce is filed in 2024, David will have difficulty tracking down statements going back 15 years. And the law generally requires that he have each statement for each month of the entire period.<\/p>\n\n\n\n

Here are some steps you can take to avoid this situation:
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Steps you can take to avoid this situation:<\/h4>\n\n\n\n