Is Texas a community property state?

1. Dividing property at divorce

   In a divorce or annulment the court divides the spouses' estate in the manner it deems just and right, with regard for each spouse's rights and any children.^[1]

   “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.”^[1]

   Tex. Fam. Code § 7.001 · checked October 26, 2026

2. Community property

   Community property is property, other than separate property, acquired by either spouse during marriage.^[2]

   “Community property consists of the property, other than separate property, acquired by either spouse during marriage.”^[2]

   Tex. Fam. Code § 3.002 · checked October 26, 2026

3. Separate property

   Separate property is property owned or claimed before marriage, property acquired during marriage by gift, devise or descent, and personal-injury recoveries (except for lost earning capacity during marriage).^[2]

   “A spouse's separate property consists of: (1) the property owned or claimed by the spouse before marriage; (2) the property acquired by the spouse during marriage by gift, devise, or descent; and (3) the recovery for personal injuries sustained by the spouse during marriage, except any recovery for loss of earning capacity during marriage.”^[2]

   Tex. Fam. Code § 3.001 · checked October 26, 2026

Not legal advice. Plain-English summaries of Texas’s statutes as of the date shown on each, with the text quoted. Whether a particular asset is marital, community or separate depends on the facts, and courts apply the law case by case. Read the linked source or ask a lawyer licensed in Texas.