Texas is a community property state. Once a divorce is filed, Texas courts presume that all property in existence at the time of divorce is community property. Community property means that each party has an undivided one-half interest in the property to be divided between the parties. This community property presumption can be rebutted if a party can prove that the property in question is not community, but his or her separate property. Courts cannot award one party’s separate property to the other party.
Identifying and proving a party’s community and separate property can become complicated depending upon the nature and size of the estate. Jacque works closely with each client to insure that the necessary information is before the court to assist it in reaching a just and right division of the property