- readydivorce
- October 15, 2024
Discovery is a way of obtaining valuable information that is pertinent to a divorce case, such as on the children, assets, and debts, through depositions, written discovery, Subpoenas, and Inventory and Appraisements.
In Texas, both spouses must provide discovery within 30 days of entering into divorce proceedings.
In Texas, all the assets and property that a couple accumulates over the course of their marriage is considered marital property, and it doesn’t matter who made the purchase or whose name is on the title. In a divorce, these assets must be divided fairly between the spouses, and while this can mean evenly, it doesn’t always – depending on the circumstances involved.
Separate property – or property that either of you owned prior to marriage and kept separate throughout the marriage – remains the original owner’s. The spouse who claims a separate asset, however, is required to prove its separate nature.
In order to qualify as separate property, one of the following must apply:
- You brought the property into the marriage with you and kept it separate throughout. However, if these assets are commingled or transmuted into joint assets, the classification of the asset can change.
- The property was given to you as a gift (in your name only) during the course of your marriage.
- You inherited the property (in your name only) during the course of your marriage.
Anything else will almost certainly be classified as community property.
All possessions acquired by a couple during their marriage is considered marital property and subject to division after divorce in accordance to state law. Texas marital property laws recognize the legal concept of "community property," which means all property and income is divided equally upon death or divorce. Of course, prenuptial agreements and other special orders may alter how marital property is split after a divorce.