What’s Mine is Mine, What’s Yours is Yours? — What is Considered Community and Separate Property in Texas?

The Texas Family Code provides that all property acquired and accumulated by either party during marriage is community property; however, parties may present evidence to establish certain property as separate property. Property owned, accumulated or obtained prior to marriage, gifts and inheritances and/or awards for personal injuries are generally considered separate property; however, it is important to consult an attorney to examine this issue. There are many subtleties contained within these designations, including issues regarding how increases on the value of certain separate property or commingling of separate property, might affect the designation of property.