Divorce Attorney: Community Property Division in Texas

This video features Erin Leake, a Family Law attorney based in Texas.

Texas Divorce Attorney: What is Community Property?

Video Transcript:

Rob Rosenthal:

Do you know what it means that Texas is a community property state?

We asked Austin attorney Erin Leake in this AskTheLawyers Quick Question.

Erin Leake:

So Texas is a community property state, and what that means is that everything that is earned or acquired during the marriage is going to be considered community property, that's subject to division by the court.

So there's a few exceptions to anything that's earned or acquired during the marriage being community property, and that's going to be if you received an inheritance during the marriage, that's gonna be considered a separate property. If you received gifts even between spouses, that would be considered separate property, and then some personal injury money is going to be considered your separate property.

Separate property is not subject to division, but everything else, everything else that's earned or acquired during the marriage, it's gonna be considered community property.

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