Frequently Asked Questions Regarding Community Property in Houston, Texas
When moving forward with a divorce it is important to work with Texas Family Law attorneys intimately familiar and experienced with the unique Texas Community Property regulations.
Our Family Law attorneys at Dean & Ongert provide many years of experience to properly point out your rights and your responsibilities.
I will attempt to answer some of the most common questions people have about Community Property laws, however, if your question is not answered please "ASK KATHY" (click here to ask a question)
Community Property
Is Texas a community property state?
Yes.
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In a marriage does more than one estate exist?
Yes, in a marriage, there are several estates: each partner has their separate property estate and there is a community property estate.
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Of what do separate marriage estates consist?
Separate estates consist of: property owned before the marriage, inheritance, gifts, and monies awarded in a personal injury claim (except for loss of wages).
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Of what does the community estate consist?
Everything not included in the separate partner estates belongs to the community estate, including all debts and all assets, regardless of whose name they are in and who has physical possession of the property.
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Is all property subject to division?
Separate property is not subject to division, but all community property is subject to a "fair and equitable" distribution, which does not necessarily mean equal.
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What is "fair and equitable" distribution?
"Fair and equitable" distribution, does not necessarily mean equal.
In dividing the community estate, several things can be taken into consideration, such as: fault in the breakup of the marriage, disparity in incomes and the nature of the property involved. Any income or interest earned on separate property is generally also considered to be community property and subject to division. Any appreciation or increase in value of separate property, however, is considered separate property, with the community estate being subject to a reimbursement claim.
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