Frisco Divorce Lawyers

Community Property & Separate Property

When a married couple chooses to get a divorce, determining how to divide their property can be a complex legal issue. In the State of Texas, division of property laws draw a distinction between “community property,” which is property both spouses own together, and “separate property,” which each owns separately. On the surface it is a simple distinction, but it can become complicated.

The term “community property” refers to property that both spouses hold in common between the two of them. Usually this is used to refer to anything purchased by either or both spouses during the course of their marriage. Even things one spouse buys without the other spouse’s knowledge could be included.

In contrast, the term “separate property” describes things that are owned by each spouse individually. Property that is passed down through a family is a classic example: jewelry, furniture, or any other heirloom that you inherited from a loved one is usually separate property. Likewise, things acquired before marriage or received as gifts are usually considered separate property.

The actual division of property process focuses on dividing community property fairly between the two spouses. Since every case is unique, the court considers a number of factors in determining how to divide property. By working with a family lawyer, you and your spouse can try to come to a situation that is beneficial for both parties.

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If you and your spouse are considering a divorce, division of property is only one of many complex issues you may need to consider. With the help of the experienced Frisco family lawyers of Alexander & Associates, you can make a strong case for the divorce settlement you need. To discuss your case, contact Alexander & Associates today by calling 972-420-6570.