Separate property is property that you owned prior to the marriage, plus any gifts or inheritances and any recovery for personal injuries (except those for lost wages) received during the marriage.
Table of Contents
ToggleSeparate property is property that you owned prior to the marriage, plus any gifts or inheritances and any recovery for personal injuries (except those for lost wages) received during the marriage.
Community property is everything that isn’t separate property. There is a presumption that all property in a marriage is community unless the separate property can be traced by clear and convincing evidence.
If community and separate property has been hopelessly comingled so that it is impossible to trace the separate portion, it is deemed community property.
Separate property is proven by tracing, usually performed by a forensic accountant.
Depending on the type of property, you may not be able to prove your separate property claim. Besides bank statements and brokerage statements, you may also use other documents proving your claim, like a prior divorce decree, an estate tax return, real estate deed records, prenuptial agreements with a schedule of separate property, gift tax returns, and other types of documents.
Mixed property – both community and separate – arises when separate property and community property are mixed. The easiest example of this is a 401k. If you had been contributing to a 401k prior to marriage, that is separate property. As community dividends and interest are reinvested after the marriage, the 401k becomes a mix of separate and community property. Also, as continued deferrals from community property earnings are invested, the account becomes even more mixed.
Jimmy Vaught represented me in my divorce, I could not have been happier with the results. He and the office staff were professional, helpful, and just really good folks. Highly recommend.
I retained Jimmy Vaught for my Family Law case. Jimmy and Stay provided immediate assurance and support while handling my case. I had a lot of questions for them and I was reassured by their…
Jimmy Vaught of Counsel for the Eggleston Law Firm is awesome! I have never had to wait more than a few hours for a response via email or call back (that being if they weren’t…
If you’re looking for an attorney firm to represent you on your divorce or child custody battle, don’t waste your time hiring attorneys who claimed to charge affordable fees because it will end up costing…
Jimmy Vaught of Counsel for the Eggleston Law Firm helped me navigate one of the hardest times in my adult life, making a very painful process a manageable one. They are professional and clear while…
Jimmy Vaught and his Staff listened to my fears and concerns with compassion and understanding, while professionally guiding me through my divorce and quickly achieving the best possible result. Not only did he and his…
When the unfortunate need arose for family law assistance, there was zero question for my family on where to turn. I’ll never forget sitting in Jimmy’s office and him saying to me, “You might think…
If You Would Like To Know More About How Our Firm Can Help With Your Case, We Invite You To Give Us A Call At 512-342-9980 Or Fill Out The Form Below. We Seek A Favorable Outcome On Your Behalf And Provide Superior Service You Require.
Fields marked with an * are required
"*" indicates required fields
Jimmy Vaught of Counsel for the Eggleston Law Firm
5929 Balcones Drive Suite 201
Austin, TX 78731
Copyright © 2025 Jimmy Vaught of Counsel for the Eggleston Law Firm. All rights reserved.