All property is presumptively community property subject to a just and right division. Whose name property is in is not most important. Date of acquisition is critical and proof by clear and convincing evidence of separate property is necessary. Property acquired before marriage and property acquired by gift, inheritance or personal injury pain and suffering is separate property of the party so proving. Property acquired during the marriage with separate property is separate property. Interest on separate property generally is community property. It is complicated. Try to consult and retain family law counsel to protect your rights.
Thomas J. Baker of Baker & Tisdale PLLC principally practices in the Central Texas area, including Bell, Coryell, McLennan, Milam and Williamson counties. The advice given here is not and ahould not be taken as a substitute for in-personal consultation with counsel, particularly where legal documents, such as court orders need to be reviewed. I am Board-Certified in Family Law but not in any other areas of practice.
Sign up to receive a 10-part series of useful information and legal advice about the divorce process.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline