What Counts as Separate Property in a Texas Divorce?

 Posted on September 15, 2025 in Property Division

During your divorce, the issue of property division may be at the forefront of your mind. You and your spouse may have conflicting opinions about what is and what is not community property, leading to disputes about ownership. If you cannot resolve the issue by yourselves, the court may have to intervene and make its own judgment about how to divide up your marital estate.

There are different factors that can lead to an asset being labeled as community or separate property. At The Law Office of Linda Risinger, our Denton, TX divorce lawyer can advocate for you during the process of asset division, helping to preserve your most treasured property.

Three Indicators of Separate Property in Texas

Was the Asset Acquired Before the Marriage?

One of the most important factors in identifying separate property is determining when it was acquired. Any asset that you acquired prior to your marriage is likely to be considered separate property. Conversely, community property refers to any property acquired by either spouse during the marriage (Texas Family Code Sec. 3.002).

If you want to prove that a piece of property belongs to you alone, you could provide receipts or financial statements showing when you purchased or obtained it. However, there are exceptions to this rule. If the value of your separate property appreciated significantly during the marriage, your spouse could be reimbursed for any marital funds or contributions that helped to increase its value.

Was the Property Received as a Gift or Inheritance?

If you receive an asset directly through an inheritance or a gift, it will be considered your separate property. That being said, you should still hold on to documentation showing that the gift was given to you specifically. In Texas, there is a presumption that any property you own at the time of your divorce is community property unless proven otherwise through "clear and convincing evidence."

You should also take care to avoid mixing your separate property with the marital estate. For example, if you place an inheritance in a shared bank account, it might become difficult to distinguish it as your own property. An attorney can advise you of how to protect your separate property in the event of a divorce.

Is the Property Addressed in a Prenuptial Agreement?

As mentioned previously, separate property is often at risk of becoming mixed together with community property, even if it was acquired before the marriage or received as a gift. To avoid this exact situation, many people opt to sign marital agreements to protect their separate property from division. These documents are legally enforceable as long as both spouses enter into the agreement voluntarily.

There are some situations where a judge may choose not to honor a marital agreement. If your spouse can prove that he or she was not given a fair disclosure of the assets, the judge may deem the agreement unenforceable. Our firm can fight to defend the validity of your marital agreement in court.

Contact a Denton County, TX Property Division Lawyer

At The Law Office of Linda Risinger, we have over 30 years of experience practicing family law. In that time, we have helped many clients in disputes over marital assets using careful negotiation strategies. We also have the experience and skill needed to advocate for our clients in aggressive litigation. Call our offices at 972-294-6533 to schedule a free consultation with our Denton, TX asset division attorneys.