Community Property
Property a married couple acquires during marriage, which Texas presumes belongs equally to both spouses.
Texas is a community-property state. Most property acquired by either spouse during the marriage is community property, owned equally by both spouses, regardless of which spouse earned the income or holds title. The community-property presumption applies to property on hand during the marriage unless a spouse proves it is separate.
Because both spouses share community property, the conveyance, encumbrance, or sale of a marital homestead generally requires both spouses to join, even if only one spouse appears on the deed. Community property contrasts with separate property, which one spouse owns alone.
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- Separate Property
Property a spouse owns individually: owned before marriage, or received during marriage by gift, devise, or inheritance.
- Homestead (Texas Creditor Protection)
Texas constitutional protection that shields a primary residence from forced sale by most creditors, subject to urban and rural acreage limits.
- Deed
The written instrument that transfers title to real property from the grantor to the grantee.
This definition is Texas real estate exam-prep education, not legal, tax, or professional advice. Verify current rules against the official source before relying on them for a real transaction. Back to the full glossary.