Texas Marital Property Laws

Texas is a community property state. In the event of a divorce or legal separation, spouses divide marital property 50/50 unless there is a valid reason for a different division. Most states use the equitable distribution method for the division of property during divorce.

The state of Texas is one of nine states that use community property laws during divorce proceedings. Couples can protect their property rights with a prenuptial agreement or other written arrangement after marriage. This article will discuss property and divorce in Texas.

Texas Marital Property Laws

Marital property is property acquired by either spouse during the marriage. Marital property includes the marital home but also contributions to community funds, such as:

• Wages and income earned during the marriage
• Separate funds deposited into a joint bank account
• Retirement benefits and pension plans
• Appreciation of separate property due to marital contributions

Separate property is what a spouse owned before the marriage. State law defines separate property as:

• Real and personal property claimed before marriage
• Gifts, inheritances, and bequests, including gifts from the other spouse
• Property excluded by valid prenuptial or postnuptial agreement
• Personal injury awards, unless the award is reimbursement to the marital estate for medical expenses

Texas courts determine the status of marital assets with the “inception of title rule.” This rule characterizes property according to when and by whom it was originally purchased. The most common example is the marital home. If purchased by one spouse and not retitled as joint property, it remains the spouse’s separate property. But, the marital estate may get reimbursement from the spouse’s separate assets if the couple spent community funds on upkeep or improvements.

Property Division Factors

Couples may write their own agreement for the division of community property. According to Texas law, the judge will agree to their plan if it is just and right. Otherwise, the judge divides the marital assets and liabilities as close to 50/50 as possible. The judge takes into consideration:

• The length of the marriage. Shorter marriages may not see a 50/50 split in favor of returning the parties to their pre-marital state
• The parties’ education and earning capacity
• The amount of each party’s separate property after the property division
• Whether either party gets spousal maintenance or child support payments

Courts generally assign credit card debt to the spouse who acquired it.

Note: State laws are subject to change through the passage of new legislation, court rulings (including federal decisions), ballot initiatives, and other means. FindLaw strives to provide the most current information available. You should consult an attorney or conduct your own legal research to verify the state laws before making any legal decision.

Research the Law

• Texas Law
• Official State Codes — Links to the online statutes in all 50 states and D.C.

Texas Marital Property Laws: Related Resources

• Marriage, Money, and Property
• Divorce Property Division FAQ
• Texas Legal Requirements for Divorce
• Sample Form: Property Settlement Agreement
• Find a Texas Divorce Attorney

Get Legal Advice from a Texas Family Law Attorney

The divorce process is an emotional experience. It affects your finances and family stability. If you and your spouse are considering divorce, you need legal advice from an experienced Texas divorce attorney to protect your property rights.