Cari Brownlee

What Is Considered My Separate Property in Harris County, Texas?

In Contested Divorces, Uncontested Divorces on April 28, 2011 at 7:35 pm

Texas Family Code section 3.001 defines separate property as “(1) the property owned or claimed by the spouse before marriage; (2) the property acquired by the spouse during marriage by gift, devise, or descent; and (3) the recovery for personal injuries sustained by the spouse during marriage, except any recovery for loss of earning capacity during marriage.”

A joint gift to a husband and wife, such as a wedding gift, is not community property. Instead, each spouse has a one-half undivided separate interest in the gift.


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