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 started his marriage that his pension plan belongs to him. When his soon-to-be ex-wife has made a decision she is entitled to some of it since she feels she has contributed to it by means of her labor as wife during the marriage, the man may have a combat on his hands.
Most people do not get married considering they will get divorced so little thought may be given to what belongs for them when it comes to some items. A husband or wife may assume they “ own” the car they drive. But if the vehicle was bought after marriage, or the payments are being made out of a joint checking account, this car is at least partially, and probably all, neighborhood property. Texas courts presume that marital property, items purchased during the marriage, are community property.
In fact , Texas family law has guidelines in regards to what is considered separate and community property or home.
- Property is considered separate if it is purchased 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 the award is for the loss of making capacity during the time the spouses were married.
But things are not always clear, as noted in the example above. What does the court require to confirm that property is separate? The responsibility of proof is “ clear and convincing evidence, ” or what I paraphrase as “ well, that seems obvious. ” If the man we discussed above can be he began his retirement plan just before marriage, it will be obvious that the plan amounts generated prior to marriage are usually his. For the soon-to-be ex-wife to demonstrate she is entitled to the portion produced after the marriage, she need do nothing, since the community property presumption functions in her favor at that point. The document that shows the date of marriage in order to protect the pre-marriage amounts works in the reverse manner to show, through the presumption, those post-marriage amounts are community property or home.
However, even if it seems obvious that the property or home is separate, if the other husband or wife 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 for example homes or cars. Even then, the matter isn’ t necessarily resolved as when a separate property item is bought or obtained prior to a marriage, but then improvements or obligations are made towards that item following the marriage using community funds, then the reimbursement issue arises. But that, the issue of reimbursement, is meat enough for another article, or series, from the own.
Even the most amicable divorces property or home division can keep the case in courtroom for months. Be prepared to defend any separate property claims with the right paperwork.