Separate Property
Property a spouse owns individually: owned before marriage, or received during marriage by gift, devise, or inheritance.
Separate property is property that belongs to one spouse alone. In Texas it includes property owned or claimed before the marriage, property acquired during the marriage by gift, devise, or descent, and certain personal-injury recoveries. Separate property is not split equally the way community property is.
The character of property as separate or community is fixed at the time of acquisition. Property bought during the marriage with traceable separate funds can remain separate, but the spouse claiming it carries the burden to overcome the community-property presumption with clear evidence.
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- Community Property
Property a married couple acquires during marriage, which Texas presumes belongs equally to both spouses.
- 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.
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.