What is community property? | Law Offices of David L. Leon, PC | Law Offices of David L. Leon, PC What is community property? | Law Offices of David L. Leon, PC
Dallas, Texas (214) 696-0021

What is community property?

In the context of marital property, all property that is not specifically separate property is community property. Texas Family Code Sec. 3.002. A presumption of community property exists under Sec. 3.003.

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2 Responses to What is community property?

  1. kaye w says:

    i would like to ask a question. if i was buying a house for 2yrs prior to me being married but finally finished paying it off during the marriage, would that be considered community property or all mines if my husband and i ever divorced???

    • admin says:

      Texas follows the “inception of title” rule. This means that if the house was separate when you bought it, it remains separate after you married. However, if community property funds were used to pay mortgage or upkeep, then the community would have a right of reimbursement for a portion of the money used to improve the house or pay the mortgage.

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