Overview
Texas is a community property state. Income earned and property acquired during marriage generally belongs equally to both spouses. However, Texas has several unique features that distinguish it from other community property states.
Community Property in Texas
Under Texas law, all property acquired during the marriage is presumed to be community property unless proven otherwise. Each spouse owns an undivided one-half interest in all community property.
What Stays Separate?
- Property owned before marriage
- Property received as a gift or inheritance during marriage
- Personal injury recoveries (except for lost wages)
- Property converted to separate via valid partition agreement
Texas Homestead Protection
Texas offers one of the strongest homestead protections in the nation:
- The primary residence cannot be forced into sale by most creditors
- Homestead rights must be carefully addressed in prenuptial agreements
Prenuptial Agreements in Texas
Texas enforces premarital agreements under Texas Family Code § 4.001–4.010:
- Must be in writing and signed voluntarily by both parties
- Financial disclosure is required (or must be waived in writing)
- Cannot be unconscionable at the time of signing
- Texas allows couples to partition community property into separate property via written agreement during marriage
Key Considerations
- Texas is one of the few states that allows parties to convert community property to separate property after marriage via a partition and exchange agreement
- Business income during marriage is community property — a prenup can change this
- Texas courts scrutinize prenups carefully for voluntariness and disclosure
Key Statutes
- Texas Family Code § 3.001–3.104 (marital property)
- Texas Family Code § 4.001–4.010 (premarital agreements)
This is educational content, not legal advice. Consult a licensed Texas family law attorney for guidance specific to your situation.