Community Property v. Separate Property

Separate property consists of the property owned or claimed by a spouse before marriage, the property acquired by the spouse during marriage by gift, devise, or descent (generally, inheritance), and the recovery for personal injuries sustained by the spouse during marriage, except any recovery for loss of earning capacity during marriage.

Community property consists of the property, other than separate property, acquired by either spouse during marriage. Property possessed by either spouse during or on dissolution of marriage is presumed to be community property.

The degree of proof necessary to establish that property is separate property is "clear and convincing evidence" (as opposed to preponderance of the evidence or proof beyond a reasonable doubt). If one spouse makes a gift of property to the other spouse, the gift is presumed to include all the income and property that may arise from that property.

The Law Offices of Thomas A. Martin represents clients throughout Southeast Texas, including the cities of Houston, Galveston, Memorial, River Oaks, West University, Clear Lake, League City, Sugar Land, Pearland, Beaumont, Hempstead, Katy, Conroe, and all the communities in Brazoria County, Chambers County, Fort Bend County, Galveston County, Harris County, Jefferson County, Liberty County, Montgomery County, and Waller County.