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Community Property

This legal research guide provides information about the division of property during divorce proceedings in Texas.

Research from Home

If you have a library account in good standing, you can check out an OverDrive e-book title or access our remote databases. Don't have a library account? Texas residents can register for a library account from home! Learn more about how to register from home.

Below are e-book titles that may help you with your research on community property.

Volume 1, Objective B of this set of e-books discusses community property as part of divorce proceedings. It describes how property is characterized, valued, and divided.

Resources at the Texas State Law Library

Below are some of the library resources that can provide further guidance on this topic. The Texas State Law Library has many other resources in addition to the highlights we present below. Please call us at (512) 463-1722 if you have any questions about these materials.

Beginning with section 117 of the FAMLAW chapter, Texas Jurisprudence (commonly referred to as "Tex Jur") provides a general overview of community and separate property law. Footnotes direct the reader to additional resources, statutes, and case law.

This treatise serves as a general introduction to the many aspects of marital property law in Texas. The author suggests consulting the Marital Property and Homesteads volume of the Texas Practice Series for a more detailed treatment.

Community Property

Texas is one of nine states that is a community property jurisdiction. In general, this means that any property acquired by a couple during their marriage (with a few exceptions) is equally owned by both spouses. This can have a profound effect on the dissolution of property during divorce proceedings. The information on this page will give you a general overview of community property law in Texas and give you a good starting point for your research.

Texas Law

Below you will find references to areas of the Texas Family Code that govern community property and issues related to community property. If you find these statutes difficult to understand, you may want to look at the “plain English” resources on this page or speak to an attorney.

Community Property in "Plain English"

Because Texas law may not be easy to understand, below you'll find a collection of resources that help to explain the law in “plain English.”

Community Property and Debts

In many community property jurisdictions, debts incurred during the marriage are presumed to be the joint responsibility of both spouses. However, Texas laws on this subject are a little more complicated. The resources below explain the legal issues that must be considered when determining responsibility for a debt.

Community Property and Divorce

The resources below discuss how community property may be divided up during divorce proceedings. 

Legal Research Guides from the Texas State Law Library

The Texas State Law Library reference librarians have compiled legal research guides for specific areas of the law. These guides contain resources that can help you research a legal issue. The American Association of Law Libraries has a guide for Non-Lawyers on How to Research a Legal Problem [PDF]. If you have any questions, please contact us at (512) 463-1722 or at


The information provided on this page has been prepared for general information purposes only and should not be construed as, nor substituted for, legal advice. It is strongly recommended that you contact an attorney for advice specific to your fact situation. Your local bar association or the State Bar of Texas Lawyer Referral Information Service (1-800-252-9690) can assist you with locating an attorney.

Some of the electronic resources we refer to in this guide may be in PDF format. Adobe Reader or similar software is required to view PDFs.