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Marital Property: Community Property, Separate Property, Mixed Separate and Community Property

Posted by Helene Parker | Mar 27, 2018 | 0 Comments

Marital property is all property that the spouses brought into or acquired during the marriage.  Marital property consists of separate property, community property, and mixed property.  Lawyers also refer to this term as the marital estate.

Generally, separate property is property that has been acquired prior to the marriage or acquired during the marriage as a result of a gift, an inheritance, or an agreement. The agreement for a property to be separate may be partition or exchange agreement, survivorship agreement, a prenuptial or postnuptial agreement.

Community property is a property that has been acquired during the marriage, that is not a separate property, and both spouses share an undivided 50% interest.  Community property may also be created during a conversion agreement between the spouses.

A property may also be of mixed character, such as when it is purchased by both community property and separate property funds.

About the Author

Helene Parker

Ms. Parker has been a licensed attorney in Texas since 1997.  She is Board Certified in Family Law. Ms. Parker received her B.A. from California State University, Fullerton in History and Art.  Cal State Fullerton was not Ms. Parkers first university; she spent her freshman year at American Uni...

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