Laura Dale & Associates, P.C.
Se Habla Español Nous Parlons Français
Call 713-574-7952 or 888-572-6059
888-572-6059

Understanding marital and separate property

Although Texas is a community property state, not all property and assets are eligible for division in a divorce. It is important that couples who are filing for divorce understand the difference between separate and martial property in order to ensure they get everything they are entitled to in the divorce settlement.

Separate property involved property and assets that belonged to either party before the marriage occurred. For example, spouses who have their name on a property title prior to getting married and keeps their name on that title may not have to divide it during the divorce process. If, however, they update the title and add the other spouses’ name on it, the property then becomes marital and is eligible for division. The same goes for assets, inheritance and gifts given to either spouse by a third-party. As long as the property and assets stay separate, they may remain with the original owner.

Marital property on the other hand encompasses everything the couple amassed during the marriage and is eligible for division in a divorce settlement. This includes more than just the family home, vehicles and savings account. Other items that may not be taken as marital include antique, art, coin or vehicle collections, memberships to exclusive country clubs or golf courses, lottery ticket winnings, income tax refunds, travel reward program points, term life insurance and gifts spouses gave to one another during the course of the marriage. Intellectual property, such as trademarks, copyrights, patents and royalties can be divided as well.

No Comments

Leave a comment
Comment Information

Client Testimonials

  1. Laura Dale the best Family Law attorney I have ever met... Posted by John...Listens, takes your calls, tells you the truth (even when it may not be what you want to hear)... Read More

  2. The Best...Posted by a Child Custody client... Laura Dale handled my international child custody and divorce matter. I am an attorney in Houston and was referred to her... Read More

  3. A Meticulous, Knowledgeable, Attorney with Heart...Posted by a Child Custody client... Laura was not the first attorney that my husband and I interviewed for an extremely complex... Read More

  4. Top Notch, Hands Down - The Best...Posted by Tammi, a Child Custody client... Laura Dale has been absolutely the best attorney I could have found for my difficult child custody... Read More

Contact Our Experienced Team Today | Se habla español | Nous parlons français

Due to the experience our lawyers have in many specialized areas, you can rely on us to put together the right team to handle your case, even if it centers on complex issues such as international family law, business valuation or bankruptcy. Contact us today to make an appointment to discuss your needs with a knowledgeable lawyer.

Login to Client Portal

Laura Dale & Associates, P.C.
1800 Saint James Pl.
Suite 620
Houston, TX 77056

Toll Free: 888-572-6059
Phone: 713-574-7952
Fax: 713-600-1718
Houston Office Location

Review Us