Texas is a community property state

Generally speaking, the court must divide community property in a manner it deems to be "just and right."

Community Property vs. Separate Property

Chapter 7 of the Texas Family Code outlines what is considered separate property and what is considered community property. In order for something to be considered the separate property of one spouse, the spouse claiming the property must prove that the property is his or her separate property. The court will presume that all property is community property, unless it is proven otherwise.

Texas Community Property Law

Sec. 7.001. GENERAL RULE OF PROPERTY DIVISION. In a decree of divorce or annulment, the court shall order a division of the estate of the parties in a manner that the court deems just and right, having due regard for the rights of each party and any children of the marriage.

Courtesy of: Texas Constitution and Statutes

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Texas Law: Community Property & Separate Property

Sec. 3.001. SEPARATE PROPERTY. A spouse's separate property consists of:

  1. (1) the property owned or claimed by the spouse before marriage;
  2. (2) the property acquired by the spouse during marriage by gift, devise, or descent; and
  3. (3) the recovery for personal injuries sustained by the spouse during marriage, except any recovery for loss of earning capacity during marriage.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.

Sec. 3.002. COMMUNITY PROPERTY. Community property consists of the property, other than separate property, acquired by either spouse during marriage.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.

Sec. 3.003. PRESUMPTION OF COMMUNITY PROPERTY.

  • (a) Property possessed by either spouse during or on dissolution of marriage is presumed to be community property.
  • (b) The degree of proof necessary to establish that property is separate property is clear and convincing evidence.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.

Courtesy of: Texas Constitution and Statutes

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