Under Review

Note Many new Texas laws took effect on September 1st, 2025. We are working on reviewing this page and making updates if needed. However, information may be out of date until our review is complete. For help locating current laws, ask a librarian.

Community Property Laws in Texas

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.

Below you will find references to areas of the Texas Family Code that govern community property and issues related to community property.

Texas Law

Texas Family Code, Chapter 3
State law which discusses marital property rights and liabilities, as well as defines separate and community property.
Texas Family Code, Chapter 7
State law which governs how property is to be divided if there is a divorce and contains provisions for certain separate and community property.

Understanding the Law

Community Property (TexasLawHelp.org)
This article from Texas Law Help explains the difference between community property and separate property under Texas law. It includes some examples of how the courts would divide property and debt in a divorce.
Community Property Law
This article, written by the Texas State Historical Society, gives a brief overview of Texas community property law and its history.
Marriage & Property Ownership: Who Owns What?
This NOLO article discusses who owns marital property and how property can be divided for beneficiaries in "common law" and "community property" states.

Books & E-Books

E-Books

Texas residents can access e-books with a free library account.

Texas family law practice and procedure [electronic resource]
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.
Community property in a nutshell
"Summarizes the marital property laws dealing with creation, management and termination of community property in nine states (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin). The first portion of each chapter presents a broad overview, followed by the detail of the law in the second part. A third part explains how various states differ. Covers premarital contracts, transmutations, community property, separate property, and characterization issues. Discusses community property during a marriage, management and control, and liabilities. Addresses the termination of community property and the special problems that can result." - publisher's description
Divorce & money : how to make the best financial decisions during divorce
"Make savvy, informed financial decisions during divorce. Learn about dividing debts, setting alimony, negotiating a fair settlement, and more. With Divorce & Money, you'll find out how to: -avoid tax problems -handle alimony and child support -reduce risks to your investments" - publisher's description

Books

Available when you visit the library in person.

Texas jur III [print book]
Call Number: TEX.JUR.3D
Texas Jurisprudence (commonly referred to as "Tex Jur") is a legal encyclopedia that provides researchers with citations on a wide range of topics. This resource is also available electronically in the library.
Texas marital property rights [print book]
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.
Protecting your assets from a Texas divorce [print book]

Note The library cannot tell you what the law means for your situation.