Separate Property

separate propertyWhen dealing with property division is there such a thing as separate property? What does it take? The distinction between separate property and community property is important because separate property can not be divided or awarded to the other party in a divorce case. If you have questions, call a San Antonio Divorce Lawyer at 210-338-8225.

Separate property is most commonly defined as something: a) owned prior to the marriage, b) acquired as a gift, or c) acquired by inheritance. There are other categories of separate property, but they are less frequently encountered.

The judge must assume that everything the parties own at the time of divorce is community property and, therefore, can be divided. If either party claims something as separate property, that person must identify the item and prove that falls within one of the definitions of separate property.

Texas marital property is rather complicated and only an experienced San Antonio divorce lawyer can provide advice concerning a particular set of facts.  Control your anger. It is important to note that anger, as manifested in threats of all kinds, is most often a secondary emotion. That is, it is a feeling that covers up more primary feelings of hurt, fear, humiliation, loss, abandonment, and powerlessness. Without knowing this fact, it is easy for professionals involved in divorce disputes to view the husband’s threats as evidence of his violent tendencies, rather than as understandable reactions to a multitude of primary feelings that he may be experiencing. Moreover, anger can also serve a functional use of protecting the self from the severe psychological trauma of separation