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How do I know what is separate property and what is community property?

Typically, separate property is property that is:

  • acquired by either spouse before marriage
  • acquired by either spouse by gift, devise, or descent
  • recovered for personal injury

Upon divorce, courts cannot award one spouse’s separate property to the other spouse. However, it will be your burden to prove by “clear and convincing evidence” that anything you claim as separate property is indeed separate. The Texas Family Code presumes all property possessed by either spouse during the marriage is community property, unless it can be shown to be separate property.