Q. - What is considered separate property in Texas?

A. - A spouse's separate property consists of:

(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.

Q. - What is considered community property in Texas?

A. - Community property consists of the property, other than separate property, acquired by either spouse during marriage.

Q. - Is there a presumption of community property at the time of divorce? What proof or evidence is required to disprove this presumption?

A. -      (a)  Property possessed by either spouse during or on dissolution of marriage is presumed to be community property.

(b)  The degree of proof necessary to establish that property is separate property is clear and convincing evidence.

Q. - Can I record a list or schedule of separate property in my county?

A. - Yes.  A subscribed and acknowledged schedule of a spouse's separate property may be recorded in the deed records of the county in which the parties, or one of them, reside and in the county or counties in which the real property is located.

Q. - What happens if I make a gift to my spouse during marriage?

A.  - If one spouse makes a gift of property to the other spouse, the gift is presumed to include all the income and property that may arise from that property.

Q. - How is my insurance proceeds classified in my marital estate?

A. -      (a)  Insurance proceeds paid or payable that arise from a casualty loss to property during marriage are characterized in the same manner as the property to which the claim is attributable.

(b)  If a person becomes disabled or is injured, any disability insurance payment or workers' compensation payment is community property to the extent it is intended to replace earnings lost while the disabled or injured person is married.  To the extent that any insurance payment or workers' compensation payment is intended to replace earnings while the disabled or injured person is not married, the recovery is the separate property of the disabled or injured spouse.