Legal Question in Family Law in Texas

Re: Property and divorce

Property acquired by gift or inheritance is your separate property under Texas law. Your husband cannot touch it on divorce, but you must prove that the property is your separate property by clear and convincing evidence. This is done primarily by documents. Normally, divorce issues of all types are resolved at trial. However, it is possible to obtain a pretrial ruling that separate property is, in fact, your separate property by a procedure called a "summary judgment." A well-documented demonstration that property is separate property usually leads to prompt settlement of cases rather than having cases drag on forever on what are frivolous claims to the other spouse's separate property.

Re: Property and divorce

Jimmy Verner is right. It is a tracing problem. However, given the fact that you were married only a short time you should not have to many problems.

Frankly, if he tries to get your property you could take an aggressive approach under our rules of procedure and threaten to sanction his attorney for failing to investigate his claients claim before assserting it. It may make him back down if he may wind up paying your legal fees.