The Differences between Community Property and Separate Property

Image of Law Book

For the purposes of dividing assets in the case of a divorce, there are two types of property

  • Separate Property
  • Community Property

Separate Property is property owned or claimed by a spouse prior to a marriage, inherited by or gifted to a spouse during a marriage or obtained during a marriage with separate funds clearly belonging only to one spouse. The recovery of personal injuries, except for the recovery of loss of income and loss of future earnings during a marriage, is also considered to be separate property.

Community Property is property acquired by either spouse during the course of a marriage. Except for very limited circumstances, title to community property belongs to both spouses.

While these definitions seem simple and forthright, a divorce brings up a great many “gray areas” where the identification of separate and community property comes into question. A Houston property division attorney is your best guide to outlining which property is divisible in a divorce. In this area of legal practice, the Houston community property law firm of John K. Grubb & Associates, PC has the expertise to draw a full and complete statement of your assets to determine which are yours and which are subject to community property laws.

The best advice comes from skilled advisors. As a Houston divorce lawyer who has overseen a great variety of divorce cases, Mr. John K. Grubb knows how to represent you. You may believe your property to be separate, but your spouse may claim it is community. If this is your circumstance, or if you are about to face a divorce proceeding that may become involved, contact the Houston community property law firm of John K. Grubb & Associates, PC today.

Comments are closed.