Frequently I receive a lot of questions regarding how to prove the character of a certain piece of property. Recall that community property in Texas is defined in the negative as all property acquired during the marriage except through gift, devise or descent. Thus, community property is pretty much every piece of property obtained during the marriage what wasn't gifted or inherited to one particular spouse. Separate property is property that does not owe its existence to the marriage. Put another way, everything that is not community property is defined as separate property, including property which was owned prior to the marriage.… Continue Reading