This is The Wichita Falls Family Law Podcast, with Attorney Richard Sutherland. We talk about Texas divorce and family law. This month’s topic is community property and the division of the community estate in a Texas divorce.
Community and Separate Property in Texas: A Wichita Falls Family Law podcast
- What is community property?
- What is separate property?
- Devise or descent: What is the difference?
- Community vs. separate property: Why it matters
- Does property need to be jointly titled to be community property?
- Is income from separate property still separate property?
- Legal presumptions about the character of property
- How does the Texas court divide the community estate in divorce?
- Do fault and non-fault-based grounds affect entitlement to community property?
Texas courts divide the community estate in divorce based on the statute which instructs the court on dividing the community estate. It provides that the court shall divide the community estate in a manner which is just and right, with due regard for the rights of each party and the children of the marriage, if any. The court has great discretion in how it can divide the community estate, but its discretion is still limited by some factors as discussed in this podcast.
About Community Property generally: Texas law defines community property as being the property, other than separate property, acquired by either spouse during the marriage. Separate property is defined as being property owned or claimed by a spouse before marriage. Property acquired by a spouse during marriage by gift, devise or descent and the monetary proceeds for an injury sustained by a spouse during the marriage, except for lost earnings and medical expenses.
For additional general information, please read about Wichita Falls, Texas Family Law on our website.
Attorney Richard T. Sutherland practices family law and commercial litigation in Wichita Falls and all over Texas. Since being licensed by the State of Texas in 1976, Richard Sutherland has been an active member and leader in many legal organizations including the State Bar of Texas. He is a frequent speaker and continuing legal education contributor. Sutherland is an alumnus of The University of Texas at Austin and the Oklahoma City University School of Law.
For information about Texas divorce and family law please call Attorney Richard T. Sutherland in Wichita Falls, Texas by dialing (940) 691-2100.
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