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Protecting What Matters Most
Protecting What Matters Most
During a divorce in Texas, determining what counts as separate property isn’t always straightforward. Some people assume that anything held in their name is off-limits during a divorce, but this is often not the case. At Evans Family Law Firm, we can help you navigate the estate division process with clarity and confidence.
Our founding attorney, James Evans, is Board Certified in Family Law by the Texas Board of Legal Specialization. We can take the time to explain how the state’s community property laws work so you are fully informed about what you can and cannot claim as separate property.
If you’re unsure whether your earnings or titled accounts will be treated as separate property, call 512-628-2550 to schedule your free consultation. Our valuation and tracing attorney will review your situation and help you plan your next move.
Texas is a community property state. This means that income and property acquired during a marriage are presumed to belong to each spouse, whether or not your name is on the title. This applies to:
Separate property includes anything that is owned outright by one party. Anything deemed to be separate property is not subject to division during a divorce. Examples of these types of assets include:
In many cases, debts or assets acquired after separation are also considered separate property. If one party racks up a significant debt after divorce proceedings begin, they would most likely bear financial responsibility for paying that debt in full.
One common question we hear from clients is, “What about earnings under my separate account?” Although it may seem natural to assume that anything you save on the side under your account is owned by you, the courts see things differently.
If you have contributed to that account, earned interest or dividends that were reinvested in that account, and that account grew during your marriage it is possible that those funds are presumed to be community property, even if your spouse never touched the account. The same principle applies to investment accounts, retirement accounts, and financial tools used by high-net-worth couples.
If you have questions about specific financial situations related to your case, Evans Family Law Firm can address your questions by:
If contributions are made with marital income, the community estate may have a claim to part or all of the value.
James W. Evans is a board-certified family law attorney and the founder of Evans Family Law Group. With over 25 years of experience, he has built a reputation as a trusted advocate for Texas families navigating divorce, custody, and complex family law matters.
Accolades & Distinctions
One common challenge we see at Evans Family Law Firm deals with commingling. When separate and community funds are mixed together in a way that makes it hard to distinguish them, it can take time and resources to parse out which funds are considered community or separate.
Common examples of commingling include situations where:
Unless those transactions are clearly documented and traceable, separate property may lose its protection and be treated as community property. We work closely with financial experts when needed to untangle complex cases and assert clear, evidence-based arguments during settlement negotiations or hearings.
Protecting your separate property during a divorce is often a top priority for our clients. One way you can take proactive steps to save your assets from being lumped into the community property pile is by collecting documentation that proves your belongings are owned outright by you.
The courts in Austin require clear, traceable records that show when and how property was acquired and how it was maintained throughout the marriage. Without proper documentation, even legitimately separate property may be marked as part of the community estate.
Led by seasoned family law attorneys, our firm has extensive experience handling complex divorce cases in Travis County. Whether your case involves hidden assets, disputes over community vs. separate property, or the need for expert testimony, we are prepared to advocate for your best interests.
If you’re looking for a law firm that understands how to protect the rights and property rights of clients, we welcome you to contact our firm today to schedule a free consultation so we can learn more about you and your goals.
Call Evans Family Law Firm today at 512-628-2550 to schedule your free consultation.
Client Reviews
2 months ago 
I had a great experience working with Jimmy Evans on my divorce case. He provided excellent counsel and always focused on getting me the best results. He was accommodating and made sure I understood each step of the process. His paralegal, Dina, was also wonderful! She kept communication clear and timely, and I could always count on her for quick updates and answers. The firm as a whole was efficient, professional, and supportive, which made a difficult process much easier to navigate. I highly recommend Jimmy Evans and his team.
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Evans Family Law has been wonderful to work with. I am grateful that I found them and hired them for my legal needs!
He took the time to talk to me and answer questions. I would recommend Jimmy to anyone seeking help with their legal needs.
Thank you Evans Family Law!
I had a great experience with Evans Family Law Group! Their legal team took time to clearly answer my questions and make sure I knew what was going on with my case. They were super easy to work with and knew exactly how to handle all the various obstacles that popped up over the course of my divorce. I am very happy I worked with them and would absolutely recommend them to anyone else!
The Evans Family Law Group was patient with me, protected my interests, and kept me inline. They responded in a timely fashion and provided updates with each step along the divorce process. Their forethought in decree language saved me.
Evans Family Law Group was the first business that didn’t quote me an outrageous number while also telling me that I may need to pay more later. Jimmy gave me a flat rate that was significantly lower than the multiple other firms I called prior. He was also very quick with communication and even sent a description of every form he sent so I would understand the whole process better. Dina was also incredible as she as she was able to notarize the forms remotely and kept me updated through every step of the process. To my surprise, Jimmy and Dina were able to make this process so smooth and simple and I cannot be more grateful. Thank you both very much!
Great communication and very empathetic!
I had a great experience working with James Evans. He was extremely responsive, easy to work with, and able to meet my tight timeline without sacrificing quality. I appreciated his clear communication and attention to detail throughout the process.
I would like to take this opportunity to thank the Evans Family Law firm for working with me on my extended divorce process. Giving special attention to Ms. Caitlin McGregor. Always the consummate professional. I truly felt well represented with not only her knowledge of family law but she took time to be sure I felt heard. She always kept me well informed, which helped tremendously with the anxiety that came along with the seemingly endless divorce.
She showed real concern which kept me on a positive note in what has been a very dark time for me and proved to be a great negotiator on my behalf. Not to forget she was also working with an awesome team of paralegals and professionals. Thank you all for your hard work and persistence in this case.
I had a great experience working with Jimmy Evans on my divorce case. He provided excellent counsel and always focused on getting me the best results. He was accommodating and made sure I understood each step of the process. His paralegal, Dina, was also wonderful! She kept communication clear and timely, and I could always count on her for quick updates and answers.
I have had an excellent experience with the staff of Evans Family Law. They have all been very friendly and efficient with my case, and have always been honest and accountable in all situations. I would employ them again for any family law needs I may have. I’m very pleased with their work.
Jimmy has an encyclopedic knowledge of the law, extensive experience with a wide range of cases, and as a result is someone I could completely trust to know what he was doing. He was always willing to explain why certain issues that were under dispute were/were not likely to be upheld by a judge and gave me a very honest sense of what to expect before a judge, with respect to anything I asked him.
He took the time to talk to me and answer questions, and was an ethical advocate who was clearly seeking the best outcome for the children. Rarely do I post reviews, but I chose him based on ones I read by people equally unfamiliar and scared by family law, divorce, and custody as I was; and he was a gem in guiding us through a difficult time. I’m so grateful to have found him, and recommend him as one of the most ethical and professional people I’ve ever worked with.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Attorney James Evans, who has more than 20 years of legal experience as a family law attorney.
At Evans Family Law Group, we combine our in-depth knowledge, strategic approach, and commitment to you to achieve optimal results.
Effective in and out of the courtroom with 17 years in practice and over 100 jury trials to our credit.
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