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Each spouse has equal power to deal independently with the estate, except that certain major transactions require the consent of both spouses.

Community Property

Spouses may create community property by entering into a community property agreement or by creating a community property trust. Division of community property may take place by item by splitting all items or by values.

What is Community Property? Tips to Sell Your House Fast in Divorce

In other jurisdictions, such as Texas , a divorce court may decree an " equitable distribution " of community property, which may result in an unequal division of such. In non-community property states property may be divided by equitable distribution. Generally speaking, the property that each partner brings into the marriage or receives by gift, bequest or devise during marriage is called separate property not community property.

See division of property. Division of community debts may not be the same as division of community property.

General Information - Community Property - Guides at Texas State Law Library

For example, in California, community property is required to be divided "equally" while community debt is required to be divided "equitably". From Wikipedia, the free encyclopedia. This section does not cite any sources. Please help improve this section by adding citations to reliable sources. Unsourced material may be challenged and removed.


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It's a good idea that you and your spouse both hire legal representation to mediate, provide guidance, and help ensure a fair agreement is reached. Anything you owned before the marriage and anything inherited during the marriage will not count as marital property. Have money stashed away in a personal account?

Community Property State

Don't try to hide it. Divorce attorneys are pros at identifying assets that are tucked away out of sight. To keep from being penalized later on in the process, it's best to lay all your cards on the table at the get-go. This is especially good info to have should you need to go to court to reach a settlement.

Yes, if you have the paperwork to prove it.


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Yes, if you have the paperwork to prove it was that exact money used to purchase the stock. You can still make your separate property claim if you have the paperwork showing the movement of the money from your premarital account into a joint account, and can overcome the presumption that you intended to gift your spouse an interest in the money.


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In Texas, only property owned prior to marriage or acquired during marriage by gift or inheritance is separate property. Everything else is community property. There are many, many ways you can protect your separate property , even without a premarital agreement. Give us a call to discuss this.