Mark Scroggins 0:06
Hey folks, Mark Scroggins with Scroggins Law Group back to answer some more of your frequently asked questions between the reclamation transformation podcast. One of the things, though, that is really important to remember is that the answers to these questions Do not create an attorney-client relationship between you and me, or you and my law firm. So if you have questions that you want to follow up on, and you’re actually seeking representation, reach out to Scroggins Law Group or reach out to another law firm, and they can walk you through the process. What’s the difference between property division and community property? Well, the significance of that is that a court in Texas can only divide community property, a court cannot divide what is known as separate property. So let’s start off by what’s separate property, separate properties, anything that you own prior to marriage, it’s any gift that you’ve ever received from any source. It’s anything you have inherited or received by device. Or if you’ve ever gotten a personal injury settlement that is just related to pain and suffering, that is going to be separate property. Now, there’s a lot more to it than that you can get into situations where monies are commingled. But if you take separate property off the table, then everything you are left with is community. And the presumption in Texas is that everything’s community. So what’s the significance of that? The significance is it’s a rebuttable presumption. So just because you’ve got some community money in an account, that’s also got some separate property money into an account. It doesn’t mean that you can kiss that money, goodbye forever, all right. It just means that you have to go about being able to prove that it’s separate and be able to take it off the table.
