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There are many factors considered by a court when it must divide marital assets including the following:

  • length of marriage
  • contributions of each party
  • economic circumstances of each party
  • whether there are children involved
  • opportunity of each spouse for future acquisition of property
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13y ago
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12y ago

Texas is a "community property" state, meaning that each spouse gets roughly half of the value of property acquired during the marriage. Seperate property obtained during the marriage remains separate, as does those assets and any property acquired before marriage. A judge decides when the property was acquired and by whom. This involves the credibility of testimony, direct evidence such as a receipt, and other circumstantial evidence surrounding the case.

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11y ago

Separate property is defined by state laws and they vary. Generally it includes:

  • Property owned by a person prior to marriage.
  • Property acquired after marriage by gift, devise, inheritance.
  • Property acquired in one person's name in a non-community property state where married people are allowed to own and convey property.


Separate property is defined by state laws and they vary. Generally it includes:
  • Property owned by a person prior to marriage.
  • Property acquired after marriage by gift, devise, inheritance.
  • Property acquired in one person's name in a non-community property state where married people are allowed to own and convey property.


Separate property is defined by state laws and they vary. Generally it includes:
  • Property owned by a person prior to marriage.
  • Property acquired after marriage by gift, devise, inheritance.
  • Property acquired in one person's name in a non-community property state where married people are allowed to own and convey property.


Separate property is defined by state laws and they vary. Generally it includes:
  • Property owned by a person prior to marriage.
  • Property acquired after marriage by gift, devise, inheritance.
  • Property acquired in one person's name in a non-community property state where married people are allowed to own and convey property.
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11y ago

Separate property is defined by state laws and they vary. Generally it includes:

  • Property owned by a person prior to marriage.
  • Property acquired after marriage by gift, devise, inheritance.
  • Property acquired in one person's name in a non-community property state where married people are allowed to own and convey property.
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14y ago

that depends on the state laws and a judge's ruling.

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10y ago

Texas is a community property state. Property acquired during the marriage is divided between the parties. See related link.

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Q: What is separate property as it pertains to divorce?
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Related questions

What type of property law does Massachusetts follow in divorce?

Massachusetts is a separate property state.


Would you have to split property that you inherited in a divorce?

No, not as long as it remained separate property during your marriage.


When does a land becomes a marital property?

When it is acquired during marriage, especially in a community property state. Separate property states allow certain property to remain separate and not subject to division in a divorce.When it is acquired during marriage, especially in a community property state. Separate property states allow certain property to remain separate and not subject to division in a divorce.When it is acquired during marriage, especially in a community property state. Separate property states allow certain property to remain separate and not subject to division in a divorce.When it is acquired during marriage, especially in a community property state. Separate property states allow certain property to remain separate and not subject to division in a divorce.


Does the state i live in divorce laws applied to me if i was married in a different state?

The state divorce laws apply wherever you file for divorce. However, if you file in a separate property state and if you own property in another state that follows the law of community property, the property in the community property state will be divided as community property.You should consult with an attorney who can review your situation and explain your rights and options.The state divorce laws apply wherever you file for divorce. However, if you file in a separate property state and if you own property in another state that follows the law of community property, the property in the community property state will be divided as community property.You should consult with an attorney who can review your situation and explain your rights and options.The state divorce laws apply wherever you file for divorce. However, if you file in a separate property state and if you own property in another state that follows the law of community property, the property in the community property state will be divided as community property.You should consult with an attorney who can review your situation and explain your rights and options.The state divorce laws apply wherever you file for divorce. However, if you file in a separate property state and if you own property in another state that follows the law of community property, the property in the community property state will be divided as community property.You should consult with an attorney who can review your situation and explain your rights and options.


Why should you add your spouse's name to the house title that is only in your name?

If you live in a separate property state that would mean your spouse wants to keep that property separate from you. If your spouse dies that property would not automatically pass to you. It would pass to the heirs at law or according to the will. It may also be considered separate property in the case of a divorce and the distribution of marital property.


What does non community property mean?

A non-community property state is a separate property state.A non-community property state is a separate property state.A non-community property state is a separate property state.A non-community property state is a separate property state.


Does your spouse get half of your inheritance if yall get divorced?

It depends on the law of your state. In Texas, all property is presumed to be community property, unless you can show by clear and convincing evidence that it is separate. An inheritance is separate property. A spouse cannot be divested of separate property in a divorce. (It can be tapped to pay child support, however.)


Is a husband entitled to equity in a house he is not on the deed to in ma?

No. Massachusetts is a separate property state. In a divorce the separate property may be considered in a division of property but the court would consider many factors before rendering a decision if the property ownership was a contested issue.


What is Arkansas's real estate divorce law?

Your question is too broad. Arkansas is a separate property state so division of marital property is up to the court. You need to consult with an attorney who specializes in divorce law.


IS SOCIAL SECURITY DISABILITY SEPARATE PROPERTY IN A DIVORCE IN TEXAS?

Social Security benefits for a disability are awarded to the individual. There are not real or personal property and are not subject to community property laws.


Is a house considered joint marital property in West Virginia if only the husband's name is on the deed?

West Virginia is a separate property state. A husband or wife can hold solely owned property. If the property was acquired during the marriage a judge may take the property into consideration during the distribution of marital assets pursuant to a divorce. It depends on the situation.West Virginia is a separate property state. A husband or wife can hold solely owned property. If the property was acquired during the marriage a judge may take the property into consideration during the distribution of marital assets pursuant to a divorce. It depends on the situation.West Virginia is a separate property state. A husband or wife can hold solely owned property. If the property was acquired during the marriage a judge may take the property into consideration during the distribution of marital assets pursuant to a divorce. It depends on the situation.West Virginia is a separate property state. A husband or wife can hold solely owned property. If the property was acquired during the marriage a judge may take the property into consideration during the distribution of marital assets pursuant to a divorce. It depends on the situation.


Your wife owns property in her own name. Can husband get half in a divorce?

Distribution of property in a divorce proceeding is different in community property and separate property states. The nature of the property and whether it was inherited or acquired prior to the marriage are factors may be considered. You need to consult with an attorney in your area who is familiar with the laws in your particular jurisdiction.