PROPERTY

Separate property

        1.     Property owned or claimed by a spouse before marriage

       2.     Property acquired by a spouse during the marriage by gift or inheritance

       3.     Recovery for personal injuries sustained by a spouse during marriage, except for any recovery for loss of earning capacity during the marriage.

Texas Property Division

       1.     Texas is a “community property” state.
                a.     In theory, this means that the division follows a mathematical formula, with little room for the judge to improvise.
                b.     The formula calls for all property to be divided into “marital” and “separate” property. “Marital” and quasi-community property is divided 50/50.
                c.     The “Separate”property of each party stays with that party.

Marital Separation and Property Settlement Agreement

       1.     A marital separation agreement, also known as a property settlement agreement, is a written contract dividing your property, spelling out your rights, and settling problems such as alimony and custody.

       2.     A marital separation agreement may be drawn before or after you have filed for divorce — even while you and your spouse are still living together.

       3.     When you initially execute a marital separation agreement you usually do not have to file the separation agreement with the court to be effective.

       4.     When and if you begin the divorce proceedings, you will attach the separation agreement to your divorce papers and ask the court to merge, but not incorporate, the agreement into the final judicial decree. 

       5.     If the marital separation agreement is incorporated into the decree, it becomes a court order and is enforceable by the court. 

       6.     If you don’t incorporate the separation agreement into your decree, it simply becomes a contract or agreement between you and your spouse.

Debts and Liabilities

The liability of each spouse for debts of the other spouse depends on the type of debt and the type of marital property. These rules are governed by Section 5.61 of the Texas Family Code:

       1.     A spouse’s separate property is not subject to liabilities of the other spouse unless both spouses are liable by other rules of law.

       2.     Unless both spouses are personally liable by other rules of law, the community property subject to a spouse’s sole management, control, and disposition is not subject to:
       a.     any liabilities that the other spouse incurred before marriage; or
       b.     any notorious liabilities that the other spouse incurs during marriage.

       3.     The community property subject to a spouse’s sole or joint management, control, and disposition is subject to the liabilities incurred by him or her before or during marriage.

       4.     All the community property is subject to tortious liability of either spouse incurred during marriage.

Marriage

Children

Managing Conservatorship

Property

Divorce

Mediation

Filing for Divorce

Jurisdiction

Enforcement

Wills & Estate Planning