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What is exempt from community division?

On Behalf of | Sep 6, 2019 | Property Division

Texas is a community property state. This means that couples are considered to equally own anything that they acquire while they are married. Accordingly, this property must be divided evenly amongst them. However, as with all things, there are some exemptions.

FindLaw takes a look at Texas’ property division laws, which define how certain properties under special circumstances should be divided. In these cases, the division must be “fair”, which does not necessarily mean it must be “equal”.

For example, property acquired by a spouse in exchange for other property that would have been considered community property must be divided fairly. The same goes for any property the spouse gained while staying permanently in another state if that property would be considered community property.

However, some property is classified as separate rather than community. This includes property you got in exchange for other separate property. 

Meanwhile, some things need written agreement in order to be considered separate property. This includes income received on or after January 1st of the year the divorce was filed, or income from another year in which you were married for any part of that year.

Figuring out how to divide property can be a tricky thing, especially if you have a large estate with a lot of things to divide. This is why many people turn to divorce attorneys. They understand the ins and outs of property division, know what is considered community property and what is separate property, and can help ensure an equitable and fair division.