What is separate property and separate debt in divorce?

Separate property in divorce includes the following items:

- property owned or claimed by s spouse before the marriage,

- property received as an inheritance or gift to a spouse during the marriage,

- money awarded to a spouse for personal injuries that occurred during the marriage (excluding money received for lost wages or exemplary damages), and

- capital gains and stock dividends on separate property investments of a spouse.

Unless you and your spouse agree, you must prove that something is separate property by “clear and convincing evidence.” If you cannot prove it, it is considered to be community property.

Separate debt is debt a spouse incurred before the marriage.

Texas divorce law says that separate property may not be divided. Once you have proved that something is separate property, the court will confirm it as your separate property.

If you have questions, it’s important to talk with a lawyer. Remember that there are exceptions to these rules.