Community/Separate Property in Texas Divorce


When a couple gets a divorce in Texas there are two types of property that must be discussed. The two types are community and separate property. Separate property is property that belongs solely to one of the spouses; while community property belongs to them both jointly. Community Property: The presumption at the time of a divorce is that all the property is community property. All earnings during marriage are community property. This includes value of retirement funds and stock shares or options. If separate property gets commingled with community property to the point that it is hard to separate it, the property becomes community property. If separate property is sold then placed used to purchase property in both spouse’s names, it is presumed that the intention was to make it community property. Separate Property: Wages or property earning prior to the marriage or after the divorce are considered separate property. Property acquired during the marriage is community property, unless it is acquired in one of the following ways: 1) By gift; 2) By devise or descent; 3) By partition or exchange; 4) As income from separate property; 5) By survivorship; 6) In exchange for other separate property (mutation); and 7) As recovery for personal injuries (except for lost wages); Conclusion: Either Spouse may prove by clear and convincing evidence that a particular property is separate property. Property held by either spouse in another state will be treated as if that property was in Texas. If you have any questions about your divorce, contact the Dallas office of The Morris Law Firm at (214)357-1782 or via email at


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