Texas is a **community property **state. The word community in community property refers to the marital community; the marriage between you and your spouse. If you are not married, you do not have any community property. You only have separate property.
**Community property **is all property acquired during the marriage except property acquired by inheritance or by gift. **Community property **does not include property that you owned before the marriage or property that you acquire during the marriage by inheritance or by gift.
All property is presumed to be community property. If someone claims that certain property is their separate property, they have the burden of proof to prove that it is separate and not community. If they don’t meet that burden, the property is **community property **no matter how or when it was acquired. Proving real estate is **separate property **is easy. Proving that money is **separate property **is not as easy.
Contested probate issues involving **community property **include but are not limited to: how and when property was acquired; whether income from **separate property **is community property; whether separate property has been so comingled with **community property **that it has become community property; and, whether community funds have been used to increase the value of **separate property **to such an extent that the community is entitled to be reimbursed.
Tell me what happened
Write to me through the contact form: what happened, roughly when, and who is involved. I read these myself. Writing means our first conversation can be about your situation instead of getting me up to speed.
This page is general information about Texas law. It is not legal advice about your situation, and reading it does not create an attorney–client relationship. These matters turn heavily on specific facts and specific dates, and the law has exceptions this page does not cover. You should not take, or refrain from taking, any action based on this page. Discuss your circumstances with an attorney who can advise you on them.