Texas Marital Property Lawyers
Texas is a community property state. Property owned before marriage as well as property acquired by gift or inheritance during marriage remains separate property and is not subject to division upon divorce. Additionally, a person's claim for personal injury damages is that person's separate property.
Community property is acquired during marriage, must be ascertained and divided between the spouses on divorce. Because property can take on different forms it is sometimes difficult to determine whether property is in fact "separate" or "community." Texas presumes property owned at marriage is community property, however separate property can be established by demonstrating the origin of title, as well as other recognized means.
"Community property" does not mean that each spouse receives a ½ interest. Texas courts consider many factors when determining division of community property such as the husband or wife's income earning potential, or whether one spouse was at fault in causing dissolution of the marriage, among others.
Some parties enter into written premarital agreements (sometimes referred to as a prenuptial contract). Such agreements become effective upon marriage and are enforced during divorce proceedings. Courts will enforce premarital agreements that are written and signed by both husband and wife before marriage. Courts will also set aside any premarital agreements that don't meet formal contract requirements or if one party can demonstrate he or she did were not voluntarily sign the contract (as in a case of fraud or duress). Courts may also find such agreements to be "unconscionable" if, at the time entered into: the party seeking to enforce the agreement did not provide a fair disclosure of property and finances, and the party seeking to avoid enforcement did not or could not have adequate knowledge of the other's finances and did not waive disclosure of the other's finances.
A party's separate property remains with that party upon dissolution of the marriage; courts may not divest a party of his or her interest in separate property.
In addition to being well-known as the former Harris County Attorney, Michael P. Fleming has been recognized as a Texas Super Lawyer. His Houston law firm is AV rated by Martindale - Hubbell and has been featured in H-Texas Magazine's Top Attorneys in Houston issue. He is also one of the small percentage of attorneys in the entire country to have had the privilege of arguing and winning a case before the Supreme Court of the United States.
