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What’s the difference between marital and separate property?

On Behalf of | Aug 26, 2021 | Divorce

The divorce process can be stressful, particularly when it comes to property division. Most couples amass a great number of items over the course of their relationship and the separation of marital property can be troublesome.

Texas is a community property state, and the general presumption is that anything that a couple has acquired during their marriage can be categorized as marital property unless it can be proven to be separate property. 

Understanding the distinction between marital and separate property can assist you in negotiating your split.

What is marital property?

Shared homes, vehicles and bank accounts can all be classified as marital property. However, marital property consists of much more. 

Some lesser-known marital property includes federal and state income tax refunds, winning lottery tickets, trademarks and copyrights, expensive collections such as antiques as well as frequent flier reward points. Additionally, club memberships and gifts exchanged throughout the relationship may all be classified as marital property. 

What is separate property?

This is any property that solely belongs only to one spouse. Such property can be retained and kept in your sole possession in a divorce. Common examples of separate property may include a house that was purchased before the marriage, jewelry gifted to an individual by a former spouse and personal injury settlements.    

This is a simplified explanation about what might constitute marital property and separate property in a divorce, and every situation is unique. When it comes to your divorce, protect your interests by fully exploring your property rights.