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What happens to that "separate property" during a divorce case?

This question concerns whether property owned by one of the parties should be included in the marital estate for purposes of the court’s property division. Generally, property is “separate” if it was acquired before the marriage, or by gift or inheritance at any time. Sometimes, one or more items of property “mutate” to another item or items of property. “Separate Property,” once proven to be such, is excluded from the marital estate unless it has been ‘co-mingled” with community property to the extent that it is no longer distinguishable from the community property.

There are a lot of tricky considerations concerning Texas Community Property Law, such as whether income from separate property is separate or community property, or whether the parties may agree between themselves to alter the character of certain items or classes of their property. An experienced Texas Family Lawyer can explain these issues to you.

About Us

The Heiman Law Firm provides professional family law services in cases such as divorce, child custody, child support, CPS, adoption and more. We have been proudly serving clients, primarily in Denton County, for over 25 years.

Office Hours

Monday-Friday 8:30 am to 5:00 pm
Saturday Appointments Available

DFW Office Locations

Lewisville, Texas
405 State Highway 121 Byp Ste A250
Lewisville, TX 75067

  (469) 948-4764

Frisco, Texas
2770 Main Street Ste 179
Frisco, TX 75033

  (214) 269-9601

Flower Mound, Texas
2201 Spinks Rd
Flower Mound, TX 75022

  (469) 817-3273

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