An Experienced Family Law
Attorney Working For You

What property is exempt from community property law?

On Behalf of | Sep 1, 2017 | Same-Sex Couples & Divorce |

Texas is a community property state, which can make things tough on Texan residents like you who want to get a divorce. At the Law Offices of Keith E. Holloway, we work to provide you with information regarding all of the possible exemptions to this law that you may have, which can help you protect your personal property from being given away to your ex-spouse.

Community property law means that every piece of property you own in your marriage will be divided up equally between you and your spouse. This can be difficult to handle, especially because it means you may lose some things that you bought for yourself, or items that you favor or have personal attachments to. Fortunately, there are some exceptions to the community property law that can save sentimental objects and more.

One exemption is everything you owned before the marriage that you then brought into it. These items will still belong solely to you. Additionally, anything that you are gifted or inherited doesn’t have to be put into the pile to be divvied up. This is also where pre or post-nuptial agreements can come in handy, as anything you decided to divide up in advance will hold true during the divorce itself, allowing you the chance to claim items before you risk losing them.

Unfortunately, property division in Texas can still be a tricky field to navigate. Without a pre-nuptial or post-nuptial agreement, you may need to rely on exemptions from community property law to claim your most important items.