If you are considering divorce, you will have to make a lot of decisions. One of the first things to consider is the division of property. It is important to understand how the law in Texas treats this property so you know what will happen if your marriage ends in divorce.

Because Texas is a community property state, we assume that all property owned at the time of divorce is equally owned by both spouses. Regardless of whose paycheck paid for the property, whose name is on the title or deed, and who manages the property, it is considered to be the property of both spouses until proven otherwise. Although you may have achieved many financial goals together, your assets might not be as solid as they appear to be.

If you and your spouse do not have a prenuptial or postnuptial agreement, and you own significant assets that you acquired before your marriage or through inheritance, it is critical that you meet with an attorney who has experience proving separate property claims.