So what is separate and what is community property, and how does that affect a Texas divorce? When you divorce in Texas, your property is classified as either separate or community. The presumption under Texas family law is that all property and debts are community property, which means they belong equally, or at least they're shared, among both spouses.

Separate property is property you had prior to marriage that is been kept separate. Determining what is community and what is separate can be tricky and sometimes requires a process called "tracing" to figure out which is which. If you have substantial assets, and especially if you believe some of it is your separate property, talk to an attorney about your situation.

David Todd
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Austin TX Family Law, Personal Injury and Eminent Domain Attorney