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Dallas Texas Divorce Attorneys

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What is the community estate?

In very general terms, everything accumulated after marriage belongs to the community estate. Everything owned by the husband or wife before marriage is their separate property. The relevance of whether something is community or separate property has to do with a court's powers of division in a divorce proceeding. A court may only divide community, not separate, property. In Texas, the presumption is that everything the couple owns upon the filing of a divorce is community property. If property is, in fact, separate, the burden is on the spouse claiming separate property to prove the separate nature of the property by clear and convincing evidence. There are exceptions to the "everything is community property after marriage" rule. For instance, anything acquired by gift, devise or bequest after marriage by a spouse is that spouse's separate property. In addition, money received by one spouse for personal injuries suffered during the marriage (in a car accident, for instance), is also that spouse's separate property.

Frequently Asked Divorce Questions in Dallas

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Dallas Texas Law
Michael Wald
5420 LBJ Freeway, Suite 1900, Dallas, Texas 75240
tel: 972-788-3318 fax: 972-788-3368
attorney@dallastexaslaw.com

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