In a Texas divorce, one of the most critical—and often misunderstood—legal distinctions is between community property and separate property. At Setzer Law Firm PLLC, we help clients safeguard the assets that are legally theirs. Whether you are initiating divorce proceedings or responding to a claim, understanding your rights regarding separate property can significantly impact your financial future.
We represent clients throughout Colleyville, Southlake, Keller, Grapevine, Roanoke, and surrounding communities in Tarrant and Denton counties.
Separate property includes assets that are legally owned by one spouse and are generally not subject to division during divorce. Under Texas law, separate property may include:
While these assets are not divided, the burden of proof lies with the spouse claiming them as separate. Clear documentation, tracing, and legal strategy are essential to protecting these assets during divorce proceedings.
In many divorces, separate and community property become mixed—this is known as “commingling.” For example, using premarital savings for a home purchased during marriage or depositing inheritance money into a joint account may complicate ownership claims.
At Setzer Law Firm, we work with financial professionals when necessary to trace separate assets back to their origin. This helps establish clear ownership and prevent separate property from being misclassified and divided.
Learn more about protecting financial assets through our Divorce Financial Planning services.
In some cases, the line between separate and community property can blur. While separate property generally remains with the original owner, actions such as:
may open the door to legal disputes over ownership. Our team helps clarify ownership, build a strong legal argument, and protect your rights under Texas family law.
may open the door to legal disputes over ownership. Our team helps clarify ownership, build a strong legal argument, and protect your rights under Texas family law.
You must provide clear evidence, such as purchase receipts, bank records, or inheritance documentation. We help clients gather, organize, and present the proof needed to support their claims.
If you used separate funds for a purchase (like a home or business), the asset may be subject to division unless you can trace and establish your sole financial contribution. We guide you through the tracing process.
Generally, no—inheritances are considered separate property. However, if the inheritance was commingled with marital funds or used for shared expenses, your spouse may attempt to claim partial interest. Legal strategy is key.
Courts cannot divide verified separate property, but classification errors or lack of documentation could lead to an unfair outcome. That’s why working with experienced divorce attorneys is essential for proper protection.
Setzer Law Firm PLLC is a Colleyville-based family law firm serving Tarrant and Denton counties. With over 30 years of combined experience, we handle divorce, custody, property division, alimony, paternity, grandparents’ rights, LGBTQ+ family law, and more.
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