Home Buyer's Guide
Community Property Law in Texas
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Community Property may be defined as all property acquired by either spouse during marriage, EXCEPT that which is the separate property of either. Separate Property may be defined as 'ALL PROPERTY OWNED OR CLAIMED BY EITHER SPOUSE BEFORE MARRIAGE AND ALSO THAT ACQUIRED AFTERWARD BY GIFT, DEVISE OR DESCENT.'

Exactly what constitutes separate property is a question of FACT, as property acquired during marriage is generally presumed to be COMMUNITY PROPERTY. Therefore, for the purpose of insuring title, the burden of proof is on the spouse who claims the property to be separate in nature.

Therefore, any buyer seeking to purchase property in Texas by financing part of the payment for the property, must include the spouse on the Deed of Trust at closing. This enables the title company to insure the lender's lien on the property.

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