Separate property

Separate property is property acquired before or after marriage and property received during marriage from a third person via a gift, bequest, or devise. Appreciation on separate property that occurs during the marriage and property acquired in exchange for separate property is deemed to be separate property. Separate Property States make up the remaining states in the Union and they characterize property earned by a wife or husband as her or his individual separate property. If spouses move from a separate property state, all property acquired in that state and all property acquired with that property is the separate property of the the spouse who earned it. Separate property and separate property income of the spouse making the offer (“the offering spouse”) should be considered. In addition, the offering spouse’s share of community property and community property income should be considered.

Spouses may determine by agreement how particular assets are owned and, in some instances, the way property is titled, such as in joint tenancy. Premarital and postmarital agreements that partition community property or that classify property acquired in the future as separate or community property are generally recognized. Spouses who agree to adopt such a system will each be able to control the disposition of one-half of their community property upon death.

Texas is a community property state. This means that, in most cases, all property acquired by either spouse during the marriage will be divided equally in a divorce. Texas is also a community property State. A previous commenter said, “Why not simply divide so-called community?