This legal research guide provides information about the division of property during divorce proceedings in Texas.
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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 first page of this guide will provide you with a general overview of community property law in Texas. Subsequent pages will provide information on more specific topics such as debt and property division in a divorce.
Please see the Practice Aids page to access a list of practice aids geared towards attorneys (but also useful for self-represented litigants) that are available at the library.
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.
State law which discusses marital property rights and liabilities, as well as defines separate and community property.
State law which governs how property is to be divided if there is a divorce and contains provisions for certain separate and community property.
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.”
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.
This article, written by the Texas State Historical Society, gives a brief overview of Texas community property law and its history.
This NOLO article discusses who owns marital property and how property can be divided for beneficiaries in "common law" and "community property" states.
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.
"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
"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
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 .
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.
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.
