Key Takeaways

  • Texas is a community property state—property acquired during marriage is presumed to be owned equally by both spouses
  • Separate property includes: property owned before marriage, gifts, inheritance, and personal injury recoveries
  • Both spouses must consent to sell or encumber community real property
  • Income from separate property during marriage becomes community property
  • A spouse can manage and control their own separate property without the other spouse's consent
Last updated: January 2026

Texas Community Property

Texas is one of nine community property states in the United States. This affects how property is owned and conveyed during marriage.

Community Property Presumption

In Texas, property acquired during marriage is presumed to be community property:

PresumptionApplication
All property acquired during marriageCommunity
Income earned during marriageCommunity
Property purchased with community fundsCommunity
Property titled in one spouse's nameStill presumed community

Burden of Proof

To claim property is separate, the claiming spouse must prove it by clear and convincing evidence.

Community vs. Separate Property

Community PropertySeparate Property
Property acquired during marriageProperty owned before marriage
Income from employmentGifts to one spouse
Business profitsInheritance
Investment returnsPersonal injury recovery (except lost wages)
Profits from separate propertyProperty acquired by partition agreement

Management of Community Property

Sole Management Community Property

Property that one spouse alone can manage:

TypeManaging Spouse
Personal earningsEarning spouse
Revenue from sole management propertyOriginal managing spouse
Personal injury recoveryInjured spouse

Joint Management Community Property

Property that both spouses must agree to manage:

TypeRequirement
Real propertyBoth must sign to sell or encumber
Mixed or commingled fundsBoth must consent
Property titled jointlyBoth must consent

Real Estate Implications

Selling Community Real Property

To sell or encumber community real property:

RequirementEffect
Both spouses must signDeed or mortgage
Failure to get consentTransaction voidable
Title company requirementWill require both signatures

Separate Property Real Estate

A spouse can convey their separate real property without the other spouse's consent, UNLESS:

  • It is the homestead (then both must sign)
  • It has been converted to community property

Proving Separate Property

To prove real property is separate:

EvidenceExample
Deed dated before marriagePremarital ownership
Gift deed to one spouse"To Jane Doe, as her separate property"
Inheritance documentsWill, probate records
Partition agreementSigned by both spouses

Death and Community Property

When one spouse dies:

Community PropertyWhat Happens
Deceased spouse's halfPasses by will or intestacy
Surviving spouse's halfRemains with survivor

Right of Survivorship

Community property does NOT automatically pass to surviving spouse. To achieve survivorship:

  • Create community property with right of survivorship
  • Execute a survivorship agreement
  • Hold as joint tenants with right of survivorship

Premarital and Marital Agreements

Spouses can change the character of property through agreements:

AgreementPurpose
Premarital (prenuptial)Before marriage, defines separate property
Partition agreementDuring marriage, converts community to separate
Exchange agreementExchanges one community interest for another
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Texas Community Property System
Test Your Knowledge

Which of the following is considered separate property in Texas?

A
B
C
D
Test Your Knowledge

To sell community real property in Texas:

A
B
C
D