When divorce becomes a reality, one of the first questions many East Texas parents ask is: “What property will I get to keep?”
Texas is a community property state, which means most assets acquired during marriage belong to both spouses. But not everything is divided. The law also recognizes separate property, which stays with the original owner. Understanding the difference is key to preparing for divorce—especially in Smith County, where family courts follow the Texas Family Code closely.
What Is Separate Property in Texas?
Under Texas law, separate property includes:
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Property owned before marriage
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Gifts received by one spouse, even during marriage
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Inheritances, regardless of when they were received
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Personal injury settlements, except for amounts meant to replace lost wages or community assets
For example, if you inherited land in Tyler from your grandparents, that inheritance would likely remain yours alone, even if you’re now divorcing.
What Is Community Property?
Community property generally includes:
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Income earned by either spouse during the marriage
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Property purchased with that income (such as a home or car)
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Retirement contributions made while married
So if you and your spouse bought a house in Smith County after you married, that house is community property—even if only one name is on the title.
Why It Matters in Divorce
The court will divide community property in a manner it finds “just and right.” But it does not divide separate property. That means proving what is separate property can have a significant impact on the outcome of your case.
This often requires clear documentation—such as deeds, account statements, or even testimony from financial experts. Without proof, the court may assume property is community.
Common Disputes Over Separate Property
In East Texas divorce cases, disputes often arise over:
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Commingled funds: When separate funds are mixed with community accounts
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Reimbursement claims: When one spouse’s separate property benefits community property (like using inheritance money to pay off a mortgage)
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Tracing assets: Showing the court how separate funds moved through different accounts over time
These disputes can become complex, but understanding the basics helps parents prepare before stepping into mediation or the courtroom.
Preparing for Divorce in Smith County
If you’re in Tyler, Lindale, Bullard, or anywhere in Smith County, the same rules apply: separate property stays separate, but you may need proof to protect it. Gathering documents early—like deeds, gift letters, or inheritance paperwork—can make a big difference in the outcome of your divorce.
Final Thoughts
Divorce is stressful, and property division often feels overwhelming. But knowing the difference between community and separate property is the first step toward protecting your financial future.
At Griffith Law Office in Tyler, we help parents in Smith County and across East Texas navigate divorce, custody, and property division under Texas law.
The information provided by Griffith Law Office is for general educational purposes only and should not be taken as legal advice. Reading this content does not create an attorney-client relationship. Family law matters are fact-specific, and the application of Texas law can vary in each case. If you have questions about divorce, custody, or related issues, consult with a licensed Texas family law attorney to receive guidance tailored to your situation.
