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How To Prove Property is Separate

After a divorce, a division of property has to occur. There are likely certain items that you believe belong solely to you, and as a result, should remain yours. However, Texas is a community property state. All property acquired during the marriage is presumed to be community property unless proven separate.

Michelle Purvis Law can help you understand how to prove property is separate in Texas. Keep reading the blog to find out.

What Constitutes Separate Property

Before you can delegate what you believe to be separate property, it is essential to understand what constitutes separate.

  1. Property owned by one spouse before marriage
  2. Property given to the spouse as a gift
  3. Property received through inheritance

These are essential stipulations when it comes to determining whether or not a property is community or separate.

Prove It’s Separate

The individual spouse that is claiming the property has to prove that it is separate. If they cannot do so, the property will remain delegated as community. The process of defining the type of property is known as characterization. This process becomes significantly easier when an individual has detailed evidence to back up their claims.


In order to successfully prove that a property is separate, documentation is a must. You will have to trace the ownership of your property, connecting the dots and demonstrating that it is solely yours. If the property was a gift or part of an inheritance, there is likely documentation that proves this. You can contact the individuals that gave you the item and receive proof that way as well. All that matters is that you can clearly identify the property is yours. If you cannot do so, you might need help tracing ownership.

Tracing the Property

If it is difficult to define that your property is separate, you may need the assistance of someone that can trace it. Tracing can be difficult depending on the length of time married, type of asset, and whether or not there is documentation. However, tracing is necessary if you want to prove that the property is separate.

How Can Michelle Purvis Help?

Michelle Purvis is an experienced and trusted attorney who is familiar with property division and divorce. She understands the division process in Texas and can guide you through determining community and separate property.

Call Michelle today at (817) 809-8199 to speak with her about your concerns regarding property division.