How to Protect Your Separate Property in a Texas Divorce

 Posted on April 25, 2025 in Property Division

Property division is typically the most complicated and challenging part of divorce proceedings. Often, the longer you have been married and the more assets and debt you have, the more complex the process. To ensure that your separate property remains separate, you can take proactive steps, some even before you are married, to ensure that your investments are protected. If you have questions about protecting your property, a Tarrant County, TX property division attorney will explain the best options for your circumstances.

How Does Texas Law Define Separate Property?

According to the Texas Family Code, separate property is defined as property owned by one spouse prior to the marriage and property gifted to or inherited by one spouse during the marriage. Additionally, if you received an award or settlement for personal injuries while married, all of the money except for any compensation for the loss of earning capacity would remain yours.

Can Separate Property Become Community Property in Texas?

A common misconception about community property states, like Texas, is that everything obtained before marriage must be separate property, and anything possessed during the marriage is divided equally. However, in addition to separate and community designations, your property can be mixed character or quasi-community.

For example, if you had a bank account in your name before getting married and your spouse contributed to the account during the marriage, it would likely be categorized as community property. If you have questions about what could happen to your separate assets, a legal representative can help.

How Can You Protect Your Separate Property From Division in Texas?

There are several ways that you can carefully handle separate property to protect it from division in case of divorce:

• Avoid commingling funds: You can still have a joint bank account for standard income and shared expenses. However, if you receive monetary gifts or inheritance, consider placing them in a separate account that is in your name.

• Keep detailed financial records: To claim property as separate, you have to provide proof that it only belongs to you. The best way to do that is to keep highly detailed records of all financial transactions.

• Avoid paying with separate funds: Try not to use the funds in your separate accounts to pay for things like living expenses or to invest in community property.

• Get a prenuptial or postnuptial agreement: If you are engaged, an attorney can help you draft a prenup to address elements of asset division in the event of divorce. If you are already married and not in the divorce process, you can do the same with a postnuptial agreement.

Consider the implications of the financial decisions you make throughout your marriage. For example, when refinancing or investing in community property, be aware of how it could impact your designation of separate property.

Contact a Dallas, TX Property Division Attorney Today

At the Law Office of Michelle Poblenz, we care about helping families prepare for their future with confidence. If you have questions about how Texas handles property division during divorce and want to learn more about what you can do to protect yourself and your spouse, call 469-845-3031 to speak with a Tarrant County, TX divorce lawyer today. Schedule your initial meeting with an attorney who has over 25 years of legal experience.