Does it Matter Whose Name is on Title or Deed of Property in a Divorce in Texas?

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Divorce Attorneys in Houston: This article addresses what importance if any of property being titled or deeded in the name of one spouse in Harris and Montgomery County in Texas in a divorce and the importance of community property and separate property.

A question that comes up quite often in my divorce consults on the phone or in my office is the name on a car title, real estate deed, or bank accounts.

Generally, the conversation takes one of two directions. Either the caller wants me to know that it is going to be an easy divorce because some piece of property is just in their name so there is nothing to divide. Alternatively, I have someone who is concerned because all of the property is in the other spouse’s name and so they are afraid they are not entitled to anything.

This is normally when I need to explain that Texas Law is not that simple. I explain that Texas is a community property State. Part of the divorce process is figuring out what property is community property and what property is separate property. This distinction is very important because a divorce court can divide the community property between the parties but cannot do so for separate property.

Community Property

Family Attorney Houston: Community property is all property acquired during marriage except for property acquired by gift or inheritance

Separate Property

Separate property is property that:

> Was owned prior to marriage
> or property that was acquired during the marriage by gift or inheritance.

The Presumption of Community Property

In Texas during the divorce process, all property is presumed to be community property. This means that the spouse claiming that they own separate property has the burden to put on evidence that it is separate property.

What this Means

Divorce Lawyers Houston: This means that in most cases any property you have purchased from the time you married your spouse will need to be divided by court during the Texas divorce process. This also means that in most cases you will get to keep the property you owned prior to the marriage, have inherited, or were given as a gift.

Depending on the facts of your situation there may be some exceptions or you may have to reimburse the community estate if community funds have benefited your separate estate. However, these situations will be discussed in another blog article ... Continue Reading