Differentiating Between Separate and Community Property
Houston, Texas Divorce Lawyer
Without a proper prenuptial agreement, in most instances property acquired during the marriage is presumed to be community property. If a spouse disputes this, he or she must either show a contrary and clear statement in the deed or other documentary evidence, or proof that both spouses entered into a written agreement stating that the property was separate property.
At the Houston office of James Patrick Smith, we work with clients in establishing separate property claims in divorce. Contact us online or call our law office at 713-574-5424 or toll free at 866-491-4511.
The Need for Sufficient Evidence
Most cases of rebutting the community / marital property presumption are lost because of a lack of adequate evidence. You need experienced representation that can put together a qualified team of financial professionals and forensic accountants to create a sufficient line of evidence that establishes separate and community property title.
The burden of proof is on the spouse challenging the community property presumption. Texas family law presumes that property acquired during marriage is community property, and without a strong prenuptial agreement or other clear evidence, the task of rebutting the presumption is arduous and demanding. But it can be done.
The key is working with a lawyer who understands how to build evidence that can support separate property claims in a divorce. Attorney James Patrick Smith has been handling complex and high net-worth divorce issues for 40 years.
Find out more about these topics relating to asset protection in divorce:
Contact Us
If you are pursuing separate property claims in a complex divorce, we offer dedicated attention backed by decades of proven results. Contact us online or by phone at 713-574-5424 to schedule an appointment.
Free Parking at Our Centrally Located Office
