Community Property
In Texas, the law defines community property as all the property that either spouse has acquired during the marriage, with the exception of the few items categorized as separate property. Property possessed by either spouse during or on dissolution of marriage is presumed to be community property.
What is separate property? Separate property is defined as:
- anything one spouse owned prior to the marriage
- property inherited by only one spouse during the marriage,
- property received as a gift by only one spouse, whether from the other spouse or others outside the marriage (this includes engagement rings)
- the recovery for personal injuries sustained by the spouse during marriage, except any recovery for loss of earning capacity during the marriage.
The degree of proof necessary to establish that property is separate property is clear and convincing evidence. All community property must be divided up during the divorce settlement, in a just and right manner, as determined by the court.
