Community vs. Separate Property in Texas: A Dallas Divorce Guide
The community property presumption
Every asset acquired during marriage is presumed community under Texas Family Code §3.003. The spouse claiming an asset as separate carries the burden of proof by clear and convincing evidence.
What is separate property?
Property owned or claimed before marriage; property acquired by gift, devise, or descent; and recoveries for personal injury sustained during marriage (excluding lost earning capacity). Texas Family Code §3.001.
Just and right — what it means in Dallas County
Family Code §7.001 requires a “just and right” division of community property. Dallas County judges weigh factors including relative earning capacity, education, employability, business opportunities, physical health, age, fault in the breakup, size of separate estates, and the nature of the community property.
Common tracing problems
Commingled bank accounts, refinanced homes, and stock accounts purchased with mixed funds are the most litigated tracing issues. Forensic accountants use community-out-first, minimum-balance, or Item and Identity tracing methods depending on the record.
Frequently Asked Questions
Is Texas a 50/50 divorce state?
No. Texas is community property, but the division is just and right — often unequal — based on statutory factors and the discretion of the court.
How do I prove property is separate?
You must show by clear and convincing evidence that the asset was owned before marriage, gifted, inherited, or otherwise excluded from the community. This usually requires financial records, deeds, and, if commingled, expert tracing.
Isabela A. Garcia
Bilingual Dallas family law attorney, founding attorney of Garcia-Windsor, P.C., Super Lawyers Rising Star, Top 50 Women Leaders in Texas, and exclusive consulting attorney for the Mexican Consulate General of Dallas (PALE program).
Legal disclaimer: The information in this post is for general informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship. Consult a licensed Texas attorney about your specific situation.