What constitutes separate property?

Separate property in Texas is defined as any property that is owned by one partner in a marriage, distinct from community property, which includes property acquired during the marriage. One of the key categories of separate property is property acquired during the marriage through inheritance or as a gift. This principle is rooted in Texas law, which recognizes that assets received from a deceased relative or as a gift from a third party do not become part of the community property shared by both spouses.

In contrast, property acquired through earnings during the marriage (the first option) typically falls under community property, as it is usually considered to be acquired for the benefit of the household. Similarly, jointly purchased property after marriage (the third option) also belongs to the community, as it is acquired through the joint efforts and resources of both spouses. Finally, stating that all property acquired after marriage is separate property (the fourth option) is misleading since it does not take into account the community nature of earnings and jointly purchased assets. Therefore, the recognition of inheritance or gifts as separate property is clear and aligned with Texas property law.