How do I establish my separate property rights in Texas?

Asked almost 2 years ago - Conroe, TX

I was not permitted to present documents at final hearing for defense in divorce. The judge consequently declared all assets as community property. I clearly understood that the documents I had would protect me from this under Texas law. I now must file a pleading in Appellate court to reverse the court's decision. I was defending myself Pro Se, so without my documents presented to the court, I didn't have a chance. Didn't read my Counter Claim which he had in his file during the hearing.

Additional information

The judge had my Counter Claim in his file, but he didn't read it. I had been advised by the District Clerk's office that I would have to present my documents, which validate my claim for protection of my assets under Texas Separate Property law, to the court at the Final Hearing. This wasn't allowed.

Attorney answers (2)

  1. Mark Anthony Cohan


    Contributor Level 15


    Lawyers agree

    Answered . You have to follow the rules of evidence. In Texas, you can't just show papers to the judge if there's a lawyer on the other side. You have to jump through hoops to authenticate your documents-- which means filing business record affidavits, certified copies of public documents and proving them up before the trial. If it's within 30 days of your trial, you can file a motion for new trial.

    I'd strongly recommend consulting a local attorney.

  2. Matthew Thomas Majeski


    Contributor Level 19


    Lawyer agrees


    Answered . I agree with counsel. Property issues in a divorce may be more complex than any other. If you've got concerns you should get a lawyer. In addition, Appellate courts are even more formal and complex than trial courts.

    Disclaimer: This email message in no way creates an attorney client relationship between Majeski Law, LLC and the... more

Related Topics


Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Separate property in a divorce

Separate property generally refers to property that is acquired before marriage. However, gifts and inheritances are also separate property.

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