The property issue people may overlook in same-sex divorces

| Jul 16, 2021 | Property Division

Texas, like many other states, did not recognize same-sex marriage before the 2015 Supreme Court ruling on the matter. After that ruling, couples across Texas could make their long-term relationships legal marriages if they chose.

People rushed to finally celebrate their relationships with their community. Being able to get married after years of being denied this right.

Inevitably, some of those marriages will not last, just like heterosexual marriages sometimes do. However, there can be unusual complications that can make same-sex divorce somewhat more complicated.

The line may not be clear about what is marital property

Texas is a community property state. Both spouses typically have a claim to the income they earned during the marriage. That applies to a stay-at-home spouse as well, even if they made no financial contributions to the household. Both income and assets that were gained during the marriage get split up as community property in a Texas divorce.

It’s usually very clear what is community property in what is not because the date of marriage is what determines the status of many assets. However, in a same-sex relationship that was essentially the same thing as marriage but not recognized by the state, income and assets may have been community property for decades before the couple could legally marry.

If you and your spouse were together for a long time before you got married, a careful review of your relationship history and financial records will be necessary to determine how to split your property or what you can ask for in an upcoming Texas same-sex divorce.