How does Texas Family Law categorize property in a divorce case?
In Texas Family Law unless there is an agreement to the contrary, either before the marriage (prenuptial) or after the marriage (postnuptial) all property is community property or separate property. Community property is owned one-half by each spouse. Separate property is owned by one spouse. In Texas Family Law separate property is property acquired: • Before the marriage. • By gift, will, or inheritance if there is no will. • Money received for personal injuries other than lost wages. In Texas Family Law, all property not separate property is community property. Also in Texas Family Law, there is a legal presumption that property is community property.