Community Property in Texas
State-specific overview · Family Law
Texas recognizes community property: spouses own equally all property earned during marriage, regardless of who earned or titled it.
How Texas treats Community Property
Texas is one of nine community property states in the US. All income earned and property acquired by either spouse during marriage is presumed community property owned 50/50, with limited exceptions for gifts and inheritances. Upon divorce, community property is divided "just and right" by the court, which typically means equal division but can vary based on circumstances. Separate property—owned before marriage or received as a gift or inheritance—remains the individual spouse's sole property.
The general definition of Community Property
Property acquired during marriage that is owned equally by both spouses, regardless of who earned it.
Community property is a legal system used in certain states where most assets and income earned during a marriage belong equally to both spouses. It doesn't matter whose name is on the title or who earned the money—the law presumes it's jointly owned. When the marriage ends, community property is typically divided equally between the spouses. Separate property (owned before marriage or inherited) stays with the original owner.
Read the full Community Property entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Texas.