Tracing of Separate Property Assets

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Not all property that you hold is community property. The Texas Family Code states that a spouse’s separate property consists of:

  • Property owned or claimed by the spouse before marriage
  • Property acquired by the spouse during marriage by gift, devise or descent
  • The recovery for personal injuries sustained by the spouse during marriage, except any recovery for loss of earning capacity during marriage

While the law seems clear, spouses often fervently disagree on when or how a property was acquired. When this happens, you need an attorney who can trace the lineage of the property, and provide documented proof that will stand up in court. Your attorney will also need to work with professionals including forensic accountants and CPAs. Together they look into the documentation of the property in question, identify its true status, and help you retain what is rightfully yours.

*This article is not a substitute for the advice of a licensed BurnettTurner attorney.

For more personalized information on how to navigate through your toughest family law issues, contact us today. We are confident that we can help you determine the best option for you and your family.