What are Community and Separate Property?

Texas is a community property state, which means that you may own both community property and separate property.

If you are not married, then all of your property is separate property.  If you are married, then when and how you acquired the property will determine its character as either community or separate property.

Separate property would be any property that you acquired before marriage, or that you received by gift, devise or descent. It would also include any award for pain and suffering in a personal injury case.

All other property that is acquired during marriage is presumed to be community property.

The characterization of the property can make a very big difference in both probate law, especially when there is not Will, and family law when going through a divorce.

Our firm does not handle any type of divorce cases, but if you have any questions about community property and separate property in the area of estate and probate law, please give us a call or email.

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