No.  Usually this is a legal question that an attorney will have to determine.  The attorney will need you to provide information to help him or her make this determination.  For example, was the asset earned during your marriage (community property) or was it received by gift or inheritance by one spouse (separate property)?  Sometimes it is harder to tell, such as a retirement account which one spouse owned prior to marriage but which was added to during marriage.  Some assets started out separate and become all or part community, like an investment account owned prior to marriage with interest and dividends reinvested after marriage.  In Texas, income from separate property earned during marriage is community property, and this can confuse the issue.  In many cases, the separate or community character of assets is not important to the estate planning process.  The attorney will help you decide how important these designations are in preparing your estate plan. 

Last updated on January 6, 2011 by Glenn Karisch