A common question people ask when they come to see me on an initial divorce consultation is what is community property"?
Community property is all property acquired during the time of marriage, other than by gift or inheritance. But the story doesn't end there. There is a concept in our property laws that allows for mutation of property. On a practical matter, what that means is you might enter the marriage with a house, which is yours separate property, (because you did not acquire it during the time of marriage). Then you might sell that property, and use the proceeds to purchase a vehicle. Even though the vehicle was purchased during the marriage and would appear to be community property, if the proper evidence is presented, the vehicle can be "proven" to be separate property.
Retirement accounts are a common asset which people own either separate property or part separate in part, community property.
If you think you have a separate property claim have a detailed discussion with your attorney or callto see me in Tarrant County, Texas.
For Smart Divorce in Texas
Diane M. Wanger