Sep 08
When spouses divorce, there must be a division of their property. There are two types of property that spouses can own: community property and separate property. Simply put, community property is any property that is not separate property. Tex. Fam. Code § 3.002.
All parties claiming separate property must demonstrate at least one of four criteria: acquisition before marriage, as a gift, through an inheritance, or as compensation for a personal injury.
Examples of evidence used to prove these criteria may include a title to a house showing acquisition before marriage, testimony that certain funds were presented as a gift, or a last will elaborating upon an inheritance. In general, testimony alone is insufficient to prove separate property and will need to be supported by some form of documentation. Often, when separate and community property becomes mixed, a forensic CPA is needed to conduct thorough “tracing” of relevant assets and accounts.
If you are looking to present separate property in your divorce case, it is vital for you to contact an experienced attorney.
Sep 18
Super Lawyers recognized Keith Maples as a top 5 family lawyer in Texas. Leveraging more than 35 years of experience, he focuses on divorces with complex property issues. Keith handles business valua...
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Walters Gilbreath, PLLC received Super Lawyers and Rising Stars selections for 2026. Super Lawyers staff finalize the honorees after a rigorous nomination process, independent research, and peer eval...
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Brian and his staff were great. Brian’s direction and expertise provided me with the legal information relevant for my needs over several years now. He listens and is steadfast which gave me comfort in the courses of action. I highly recommend him.Brian and his staff were great. Brian’s direction and expertise provided me with the legal information...
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