Family Law Blog

It is possible for one spouse to have a claim for reimbursement for separate property that was invested into the community estate. Typically, this takes the form of one spouse using their inheritance or pre-marriage assets to purchase a home during marriage. It also often occurs where one spouses uses their inheritance or pre-marriage assets to remodel or add improvements to a home.

Texas law provides a presumption that all property on hand at the time of divorce is community property. To prove otherwise, the spouse who is claiming a separate property interest must prove it by "clear and ...

Business interests will likely be affected, in one way or another, by a divorce. Texas’ community property laws are complicated, and it is not always clear whether a business interest should be classified as the separate property of one spouse, or the community property of both spouses. If the business is part of the community property that needs to be divided in the divorce process, the value of the business must be obtained prior to determining which of the several options is best for the business.

Business interests can be addressed in several way, and it is essential that you have a ...

Texas is a community property state; however, property that is obtained as an inheritance is separate property. Upon divorce, a court can only divide the community property and the court has no authority to divide separate property. So, an inheritance belongs to the spouse that received it and the other spouse can not take any part of it during the divorce.

Unfortunately, it is not always that simple. The spouse who claims that a certain property was received as an inheritance has a burden to prove this to the court by clear & convincing evidence. This can be hard, or impossible, to do in ...