How do I prove that certain property in my divorce is separate from the community property?
When the court divides property in Texas there is a presumption that the community owns everything, that is both parties will have a right to it. Anything that you or your spouse has received through gift, devise, or descent is your separate property, and you will need to show this to the court. But, if there is some property that you have used your separate funds to purchase, and is your separate property you will have to prove this to the court through clear and convincing evidence. The Fifth District Dallas Court of Appeals case, Slicker v. Slicker, defines clear and convincing evidence as the “measure or degree of proof which will produce in the mind of the trier of fact a firm belief or conviction as to the truth of the allegations sought to be established.” So, you and your lawyer will need to bring in enough evidence and proof that will reasonably convince the judge or the jury the property is in fact your separate property.
How does the court divide community property?