When you're fighting for custody, division of property, alimony, or child support in a divorce, it's essential to gather the proper evidence to prove your side of the argument. Our San Antonio divorce lawyer shares the key pieces of evidence you need to submit for dividing property in Texas.
1. Determine Whether Your Property is Community Property or Separate Property
In Texas, all property owned during the marriage is considered to be the community property of the parties, meaning it is subject to division during the divorce. On the other hand, separate property is any property that was owned by one spouse before they got married, a gift, or an inheritance. Only community property is divided in a divorce. Therefore, you must categorize all of your property and assets as separate or community property.
2. Prove Separate Property in a Divorce
If you can provide evidence that particular assets are separate property, they will not be subject to property division. The spouse that claims property as separate has the burden of proving it is in fact "separate" from the community property. This must be done by providing clear and convincing evidence.
To do this, it's key to show documentation and a paper trail that traces your separate property to you. Tracing your separate property will show where it came from, whether it has changed since you obtained it, and whether you've exchanged or sold it during your marriage. Essentially, you want to show that your separate property was originally acquired by you. A family law attorney and forensic CPA can assist you with tracing your separate property.
3. Prepare for Discovery
During the discovery phase of a divorce, you will be able to gather more information about you and your spouse's financial background. The information collected in discovery is essential in helping divide community property in a divorce, especially through written discovery.
Dividing property in a divorce is a complicated process that requires skilled legal guidance. If you have questions about your Texas property division case, call The Law Office of Rebecca J. Carrillo today at (210) 405-6623.