Legal Question in Family Law in Texas
community property
Is the property gained in the case of a self employed person still considered community property?
1 Answer from Attorneys
Re: community property
Under most circumstances, the property will be considered community property if it was acquired during the marriage.
If the business was established prior to the marriage and exists as a separate entity like a corporation or llc, the business itself is separate property. In that case, any equipment or capital items (for example a truck) acquired during marriage by the business entity might be considered separate property, but the community would likely assert a claim for contribution or reimbursement. There are a whole lot of "mights" and "maybes" involved. A lot will depend on the specific circumstances.
Any income or personal property gained as a result of self employment earnings, however, is definitely community property (just as with a regular job).