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Is there a presumption that property acquired after separation with intent to divorce is still community property?

Georgetown, TX |

I have read that if the parties split with intent to divorce that it isn't community, but if it was a trial separation, that it is community property.

I can't find case law on the matter.

Attorney Answers 2


All property acquired during marriage is presumed to be community property. Because Texas does NOT recognize legal separation as a marital status, any property acquired prior to the entry of the final decree of divorce would be presumed community property.

I hope this helps!

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Any property acquired during the marriage is community property, unless a gift or inheritance. Texas does not recognize legal separation.

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