Collaborative Divorce Texas

  • Donate
  • For Professionals
    • Membership Advantages
    • Events/Training
    • Become a Member
    • For Students
    • Volunteer at CDT
    • Advertise With Us
  • Contact Us
  • Login
  • Home
  • Find a Collaborative Professional
  • What is a Collaborative Divorce?
    • What is Collaborative Divorce?
    • Frequently Asked Questions
    • About CDTexas
    • Master and Credentialed Collaborative Divorce Professionals
    • The Gay G. Cox Award for Excellence in Collaborative Law
  • Blog
  • For Collaborative Professionals
    • Membership Benefits
    • Events/Training
    • Become a Member
    • For Students
    • Advertise With Us
    • Volunteer at CDT
    • Login
  • Donate
  • Contact Us
  • What is Collaborative Divorce?
    • What is Collaborative Divorce?
    • Why Use a CDTexas Member?
    • About Us
    • Master and Credentialed Collaborative Divorce Professionals
    • The Gay G. Cox Award for Excellence in Collaborative Law
  • Testimonials
  • FAQs
  • Blog
  • Find A Professional
    • How Do I Choose a Collaborative Professional?
    • Attorneys
    • Financial Professionals
    • Mental Health Professionals
    • See All

Donate

You are here: Home / Blog / How Does Collaborative Divorce Deal with Separate Property?

How Does Collaborative Divorce Deal with Separate Property?

April 26, 2017 By Eric Beal Leave a Comment

separate property divorceThe short answer is: However you and your spouse can agree to handle it.

There is a much longer answer, but before you get it, you need to make sure that you understand what separate property is.

Under Texas law, the only property that is separate property is:

  1. Property owned before marriage;
  2. Property acquired by gift;
  3. Property acquired by inheritance;
  4. Property acquired based upon certain elements of personal injury claims;
  5. Property designated as such by a Prenuptial or Post-Marital Agreement;
  6. Income from Separate Property in certain limited situations; and
  7. Any property directly traceable to any of the other categories.

That’s the list.

As you can see, there is nothing there about whose name the property is in, whose name is on the account, whether one person has always thought of it as “theirs,” or any other commonly held misconception about what is and isn’t separate property.

More importantly, when a couple is divorcing, everything they own is “presumed” to be community property. A presumption in the law is a big thing. It means that unless someone proves to the contrary, that’s the way it is.

So, if you believe that some of your property is your separate property, the burden is on you to prove it — if you are in court.

How Is Property Handled Collaboratively?

In Collaborative Divorce, you and your spouse are working on an agreement on how to resolve all of the issues in the case, including how to divide your property.

Although a court cannot take away someone’s separate property in a divorce without their permission, in Collaborative Divorce, you and your spouse can agree on whatever you think is best.

In a Collaborative case, both spouses are asked to identify things that they believe are their separate property. The Financial Professional and your attorney are there to help you determine what is and isn’t your separate property under the law and the strength of your proof, should you ever need to prove it. From there, the spouses are asked how they would like to deal with the separate property that has been identified.

Some divorcing couples agree to recognize each other’s claimed property without any proof other than the statement of the spouse. Others ask that the spouse claiming the separate property produce proof, such as bank statements, closing statements, etc.

Some take the position that they won’t recognize the other person’s separate property — meaning allow the other spouse to have that property in the division without any quid pro quo — regardless of the amount of proof produced.

In Collaborative Divorce, you have the right to take any position you want to, no matter how unreasonable the other side may believe it to be. But, since the entire goal of the collaborative process is to come to an agreement, taking any position that is a deal-breaker for the other side may cause your case to fail eventually, and you will end up back in the litigation model.

So, now you have the basics. In a Collaborative Divorce, separate property is dealt with in whatever manner you and your spouse agree to handle it. To go beyond the basics, talk to an experienced attorney that can give you a more detailed explanation and help you understand how the law applies to your situation.

About Eric Beal

Eric Beal is Board Certified in Family Law by the Texas Board of Legal Specialization, is AV® Preeminent™ rated by Martindale-Hubbell, has become a published family law author and speaker, and has over 26 years of divorce and family law experience.

Filed Under: •••, Blog, Eric Beal, Our-Featured-Authors Tagged With: Assets, Collaborative vs Litigation, Property, Separate Property

Leave a Reply

Your email address will not be published. Required fields are marked *

Find a Professional

Getting started with the Collaborative Process?

First your need to connect with a trained Collaborative Professional.

[Find Out More....]

Articles by Category

Featured Video

  • Child of Divorce
  • Collaborative Divorce Testimonial

Why Collaborative?

  • Jennifer Leister
  • Steve Walker
  • Carla Calabrese
  • Dawn Budner
  • Becky Davenport
  • Jody Johnson
  • Honey Schef
  • James Urmin
  • Kurt Chacon
  • Natalie Gregg
  • Robert Matlock
  • Deborah Lyons
  • Carlos Salinas
  • Camille Scroggins
  • Linda Solomon
  • Richard Soat
  • Lisa Rothfus
  • Jeffrey Shore
  • Barbara Cole
  • David Brunson
  • Jennifer Tull
  • Syd Sh
  • Susan Z. Wright
  • Christi Trusler
  • Camille Milnser
  • Linda Threats
  • Sarah Keathley
  • MaryAnn Kildebeck
  • David Bouschor
  • LIsa Marquis
  • Harry Munsinger
  • Vicki James
  • Robin Watts
  • Katie Berry
  • Jack Emmott
  • Jennifer Broussard
  • Patricia Havard
  • Paula Locke Smyth
  • Laura Schlenker
  • Norma Trusch
  • Brett Christiansen
  • Tim Whitten
  • Mickey Gayler
  • Melinsa Eitzen
  • Julian Schwartz
  • MaryAnn Knolle
  • Chad Olsen
  • Chris Farish
  • Charles Quaid
  • Anne Shuttee
  • Barbara Runge
  • Rhonda Cleaves -
  • Jamie Patterson
  • Catherine Baron
  • Kristen Algert
  • Sandra Roland
  • Rhonda Cleaves 2
  • Gratia Schoemakers

Have you read?

Challenges for the Stay-at-Home Parent Facing Divorce

Due to many factors, such as increasing child care costs, philosophical resolve, or stress of managing home and life, many couples make a conscious decision at some point in their marriage to have … [Read More...]

More Articles from this Category

The Collaborative Law Institute of Texas

d/b/a
Collaborative Divorce Texas

Proud Members of IACP

1400 Preston Road
Suite 400
Plano, TX 75093
(972) 386-0158

Please note: Our office will be closed on

Holiday closures:
Limited: Nov. 23rd & 24th
Closed: Nov. 25th , 26th and 27th

Christmas:
Closed from December 24-December 30, 2022.
Offices open on January 2nd, 2023.


Website Terms of Usage

Contact Our Webmaster

 

Follow Us

  • Facebook
  • LinkedIn
  • Twitter
  • Vimeo
  • YouTube

Search Our Website

Find A Professional

  • Find a Collaborative Professional
  • Attorneys
  • Financial Professionals
  • Mental Health Professionals
  • See All
EnglishFrançaisDeutschItalianoPortuguêsEspañol

Copyright © 2023 · Collaborative Divorce Texas · All Rights Reserved

· · ·

Web Design and Maintenance by The Crouch Group