Texas embraces a community property system, meaning most assets acquired during marriage are owned equally by both spouses. Separate property generally includes items owned before the marriage, gifts, and inheritances received by one spouse. For example, a car purchased during the marriage is typically community property, while a family heirloom inherited by one spouse is considered separate property. Understanding this distinction is fundamental to property division in divorce or upon the death of a spouse.
This system provides a clear framework for asset ownership and division, offering a degree of predictability and fairness. It evolved from Spanish legal traditions and reflects a partnership approach to marriage. This clarity is particularly important in cases of divorce, ensuring equitable distribution of assets acquired through joint efforts during the marriage. It also simplifies estate planning by providing established rules for inheritance.
