One of the biggest tasks to tackle in your divorce is dividing property. Texas is a community property state, which means you will evenly divide your assets and debts.
But there are certain aspects that can cause issues in figuring out how to divide the property division.
Despite the law that everything you own when you marry becomes equal property of each spouse, there is an exception. Each party has the right to claim separate property, which are assets they came into the marriage already owning. But figuring out what is separate can be a challenge.
One of the biggest issues with separate property is it must stay separate. You cannot treat it like marital property. For example, if you owned a home prior to your marriage but you moved into that home and made it the family home, you may run into trouble. The minute you start using income that you earn during the marriage to make repairs or pay the mortgage on the home you are comingling. At least part of the home will become marital property.
Another issue is time. If you have a long marriage, it can be tough to remember who owned what when you came into the relationship. It may also be tough to prove you never used marital assets to maintain that property. You may not have records or proof to use to show the maintenance.
You can make the process of property division a little easier by getting organized prior to filing for divorce or going into property negotiations. Do your best to gather the documentation and proof you need to show why some assets are separate property.