Divorce is not just the end of a marriage but it’s also the dissolution of two people’s lives and everything they had together including property. There are many factors involved when a court determines how to divide property but the first step is determining what is considered ‘marital property’ vs ‘non-marital property.’
In Texas, all property obtained during the course of the marriage is considered community property. The determination between community versus separate (non-marital) property usually consists of:
- Property owned before marriage
- Property given as a gift by a third party
- Civil litigation settlements
The burden of proof rests on the person who claims certain assets are non-marital property. When the burden is not met, the property is considered community. This becomes very important in longer marriages where more and more assets were gathered.