Aside from the child custody issues, the department of property is one of the most good aspects of a divorce. It may seem obvious to some man who had a retirement plan at his job when he began his marriage that his retirement plan belongs to him. When his soon-to-be ex-wife has chose she is entitled to some of it because she feels she has contributed to it via her labor as wife throughout the marriage, the man may have a combat on his hands.
Most people do not get married thinking they will get divorced so little believed may be given to what belongs to them when it comes to some items. A partner may assume they “ own” the car they drive. But if the car was bought after marriage, or the payments are being made out of a joint checking account, this car is at minimum partially, and probably all, neighborhood property. Texas courts presume that all marital property, items purchased throughout the marriage, are community property.
In fact , Texas family law has guidelines as to what is considered separate and community real estate.
- Property is considered separate if it is bought before the couple married.
- Property is considered separate if it is a gift or “ devise or descent, ” which refers to gifts that may come from an inheritance or in another way from family.
- Personal injury awards unless of course the award is for the loss of making capacity during the time the spouses were married.
But things are not always apparent, as noted in the example above. What does the court require to demonstrate that property is separate? The burden of proof is “ apparent and convincing evidence, ” or what I paraphrase as “ nicely, that seems obvious. ” When the man we discussed above can be he began his retirement plan prior to marriage, it will be obvious that the plan amounts generated prior to marriage are his. For the soon-to-be ex-wife to demonstrate she is entitled to the portion created after the marriage, she need do nothing, since the community property presumption functions in her favor at that point. The very document that shows the day of marriage in order to protect the pre-marriage amounts works in the opposite manner to show, through the presumption, those post-marriage amounts are community real estate.
On the other hand, even if it seems obvious that the real estate is separate, if the other partner makes a claim evidence must be introduced. If you are talking about retirement assets, this evidence could be bank records or employment documents if the retirement plan is through an employer. Deeds, expenses of sale and other financial documents must be shown for properties like homes or cars. Even then, the matter isn’ t necessarily solved as when a separate property product is bought or obtained prior to a marriage, but then improvements or obligations are made towards that item following the marriage using community funds, a reimbursement issue arises. But that will, the issue of reimbursement, is meat sufficient for another article, or series, of its own.
Even the most amicable divorces real estate division can keep the case in courtroom for months. Be prepared to defend any separate property claims with the right documentation.