What is marital vs. separate property?

Dallas, TX family law attorney Lisa E. McKnight talks about the difference between marital property and separate property in a divorce.

Contact Lisa E. McKnight

Phone: (214) 528-4191


In Texas, we have community property and we have separate property. Community property is everything that’s not separate property so really we need to go and look at what is the definition of separate property. Property that you had before you were married, property that was given just to you, property that you inherited. Now there’s some other things regarding personal good will but for this purpose, we’re going to focus on those three things. And you need a skilled attorney because what about your retirement account that you owned it before the marriage but then you added money to it after the marriage how do you determine that? Income on separate property is community property so you need someone to help you identify what is your separate property or if you’re the spouse that doesn’t have any separate property and trying to defeat a claim of separate property how do you poke holes in that. Now wait a minute, you didn’t trace your separate property properly I’m not recognizing that as your separate property. The court cannot divest a person for their separate property so the person that has the separate property they get that property regardless. The judge can’t take that away from them the judge only divides the community property.