Separate Property vs. Community Property

Separate Property, as defined by Texas Family Code, § 3.001 is:

(1)  the property owned or claimed by the spouse before marriage;

(2)  the property acquired by the spouse during marriage by gift, devise, or descent; and

(3)  the recovery for personal injuries sustained by the spouse during marriage, except any recovery for loss of earning capacity during marriage.


Community Property,  as defined by Texas Family Code, § 3.002 is:

Property, other than separate property, acquired by either spouse during marriage.  Property possessed by either spouse during or on dessolution of marriage is presumed to be community property.

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