Houston, TX asked in Divorce and Family Law for Texas

Q: In a divorce, can the other half, take half of the property if you had it before yall got together?

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T. Augustus Claus
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A: In Texas, the division of property in a divorce is governed by community property laws. Texas is a community property state, which means that generally, property acquired during the marriage is considered community property and is subject to division between the spouses in a divorce.

However, property that you owned before the marriage and property received as a gift or inheritance during the marriage is typically considered separate property and may be excluded from the community property division. This means that your spouse may not automatically be entitled to take half of property that you owned before the marriage.

It's important to note that the classification of property as separate or community can become complex in certain situations, such as if separate property is commingled with community property or if there are other factors involved. Additionally, the way assets are divided can depend on various factors, including the specific circumstances of the divorce and the decisions made by the court or through negotiation between the spouses.

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