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Community Property

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

General Information

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. 

E-Books Available from the Texas State Law Library

These e-books contain information on issues related to community property. These e-books can be viewed by those who have signed up for a free library account with the State Law Library. Only Texas residents are eligible to sign up. Signing up is free

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.

Books at the Texas State Law Library

These print books at the State Law Library contain information on issues related to community property. If you are not able to visit the State Law Library in Austin, these books might be available at a law library near you or a public library near you.

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.