Is Real Estate Community Property in Texas?

 Posted on November 14, 2025 in Property Division

In a divorce, the marital home and other real estate properties may be the most valuable assets at stake. With that in mind, it is important to determine whether a house is separate property or community property that must be divided between you and your spouse. If you have concerns about what will happen to a real estate property in your divorce, consider working with a Collin County, TX family law attorney.

At Moore Family Law, P.C., we can provide you with fully individualized counsel and representation to help you protect your most valuable assets in your divorce. As a solo practitioner, Attorney Philip Moore handles every case personally, so you can rest assured that your property division concerns will be addressed with close attention.

Community Property Guidelines in Texas

Under Texas Family Code § 3.001, separate property includes anything you owned before marriage and anything you receive as a gift or inheritance. This property is not divided in divorce as long as it can be traced back to one spouse. If it becomes mixed with marital funds in a way that makes tracing impossible, a court may treat it as community property.

Anything earned or purchased during the marriage is usually considered community property. Texas presumes that all property owned by either spouse during divorce is community property unless a spouse can prove otherwise.

Spouses can use their own separate money, such as premarital savings or inherited money, to buy property during the marriage. Even if a house or other asset is purchased during the marriage with personal funds, it does not automatically become community property. However, the spouse claiming it is separate must be able to prove that separate funds were used.

Is a House Community Property if Only One Spouse’s Name Is on the Title?

Some people assume that if a spouse’s name is not on the title of a property, that spouse has no claim to it in a divorce. However, this is not true. A piece of real estate that a couple bought and paid for during the marriage is still subject to the state’s rules about community property, regardless of whose name is on the title. 

Is My Spouse Entitled to a Portion of My House?

Even if you acquired a real estate property prior to your marriage, there is a good chance that your spouse will be entitled to some interest in it as community property. When separate property and community property mix together, they become commingled, meaning separate property becomes part of the marital estate. 

If you invested marital funds into your home or other real estate property, it can become community property, and your spouse may be entitled to a portion of its worth, such as if your spouse helps out with the mortgage or contributes to renovations of the home. This is true even if you received the house through an inheritance.

To avoid commingling real estate properties, many spouses enter into prenuptial or postnuptial agreements. These are contracts that outline property division and other financial issues in the event of a divorce. However, these agreements must still be approved by a judge, who can decline to enforce the terms if the agreement is blatantly unjust.

Contact a North Texas Divorce Lawyer

There are many factors that could lead to a house being labeled as community or separate property. At Moore Family Law, P.C., we can help clarify the difference and advocate for a favorable split. Call our Collin County, TX property division attorney at 214-764-8033 to set up your initial consultation.