The Difference Between Separate Property & Community Property

A significant portion of the divorce process will be dedicated towards dividing the property of the marital estate. Texas is a community property state. What that means is, the court first presumes that all the property belongs to the community, that is by both spouses. It is incorrect to assume that the marital state will be divided 50-50, but rather, family courts in TX are required to make a “just and right division” of the marital assets.

What this means is that the court has discretion to make decisions that can be based upon a few factors:

• Before the court in San Antonio orders a division of the marital estate, the TX judge will first assume that all property is community property. It is then the burden of an individual spouse to establish that specific property is not community property but rather, as we say their separate property. Once an item is determined to be separate property in San Antonio, that item is no longer considered amongst the community property that will be divided.
• To establish property as being separate property in San Antonio, a spouse must show through clear and convincing evidence that the character of that property is separate. The standard of clear and convincing is heightened over the preponderance of the evidence standard, which means that the evidence used to establish the separate character of a property must be “more probable to be true than not” and not merely that trier of fact has a firm belief or conviction in its factuality. Compare that burden of proof to a preponderance of evidence standard, which states that our version of facts must merely be more likely than not to be the correct version of facts. Nevertheless, there are general guidelines that we can depend upon:
• It will be a spouse’s separate property if it was owned or acquired by a spouse before the marriage and it will be a spouse’s separate property if it was acquired by that spouse during the marriage as either a gift or inheritance. Or it will be a spouse a separate property if it was acquired during marriage but with separate property funds.

The date by which a spouse acquires the property is key. With few exceptions, anything acquired before the marriage will be considered separate property and everything acquired during the marriage will be considered community property, except for a gift or inheritance. Our Texas divorce attorneys can help you navigate filing divorce in San Antonio, TX.

Where to File for Divorce in San Antonio?

At Knowlton Law Firm, we are passionate about helping families move forward and are committed to providing personalized and compassionate legal representation. Contact us today to schedule a consultation and learn more about how we can assist you through the Texas divorce process.

Understanding Family Divorce in San Antonio: Local Insights and Resources

San Antonio, with its rich cultural heritage and vibrant community, presents unique challenges and opportunities when navigating family divorce. At The Knowlton Law Firm, we understand the intricacies of the local legal landscape and are here to guide you through every step of the process.

Local government entities, such as the Bexar County Clerk's Office, play a crucial role in the divorce process. They handle the filing of divorce petitions and other essential documents. While we do not partner directly with these entities, we frequently interact with them to ensure your paperwork is filed correctly and promptly.

San Antonio residents often face specific pain points during a divorce, such as the emotional toll on families and the complexities of property division. Our team is well-versed in addressing these issues, providing compassionate support and clear guidance. We know that establishing separate property can be particularly challenging, requiring clear and convincing evidence. Whether it's property acquired before the marriage or gifts and inheritances received during the marriage, we help you gather the necessary documentation to support your claims.

Additionally, we understand the importance of local resources in easing the divorce process. The Bexar County Dispute Resolution Center offers mediation services that can help resolve conflicts amicably, potentially saving time and reducing stress. While we do not have formal partnerships with these resources, we can certainly guide you on how to access them.

At The Knowlton Law Firm, we are committed to helping San Antonio families navigate the complexities of divorce with confidence and clarity. Our deep understanding of local laws and resources ensures that you receive the best possible support during this challenging time.

For detailed, personalized information about your divorce case, schedule your consultation with The Knowlton Law Firm by dialing (210) 361-6990.