14 Sep Community Property v. Separate Property
Texas law defines community property as all of the property acquired by either spouse during a marriage, except separate property. Separate property is anything one spouse owned prior to the marriage, property inherited by only one spouse, property received as a gift by only one spouse and recoveries for personal injuries suffered by only one spouse – except for the portion of the award intended to compensate for lost earnings during the marriage. All property is presumed to be community property, unless and until the party claiming it is separate can prove so by a preponderance of the evidence. What sort...