What are the Community and Separate Property Laws in Texas?
Community Property consists of the property, other than separate property, acquired by either spouse during marriage. The Family Code of Texas provides that property possessed by either spouse during or on dissolution of marriage is presumed to be community property. Separate Property consists of: 1. The property owned or claimed by the spouse before the marriage. 2. The property acquired by the spouse during marriage by gift, devise or descent. 3. The recovery for personal injuries sustained by the spouse during marriage, except any recovery for loss of earning capacity during marriage. Recordation of Separate Property The Family Code of Texas further provides that a subscribed and acknowledged schedule of a spouse’s separate property may be recorded in the deed records of the county in which the parties (or one of them) reside and in the county or counties where the real property is located. As to the real property, a schedule of a spouse’s separate property is not constructive notic
Related Questions
- In Texas, all property, including cash, is classified as community or separate property based on when and how it is acquired. To determine whether an asset is community or separate property, see FAQ, What is the difference between community and separate property?
- Whats the Difference Between Separate and Community Property in Texas?
- What is considered separate property in Texas?
