Texas is one of a handful of community property states, and that single fact shapes almost every financial question in a divorce. Whether you live in a newer subdivision off FM 306, an older home near downtown New Braunfels, or on acreage out toward Canyon Lake or Bulverde, the same rules apply when a Comal County court divides what you and your spouse built together. This page explains what community property is, how it is divided, and where a divorce attorney can make the biggest difference.
What Is Community Property in Texas?
Under Texas Family Code § 3.002, community property is all property, other than separate property, acquired by either spouse during the marriage. And under § 3.003, property possessed by either spouse when the marriage ends is presumed to be community. A spouse who claims something is separate must prove it by clear and convincing evidence.
That presumption is powerful. If you cannot trace an asset back to a separate source, the law treats it as community.
Common examples of community property
- Wages, salaries, bonuses and commissions earned during the marriage
- The house, if bought during the marriage, even if titled in one name
- Vehicles purchased during the marriage
- Retirement contributions and growth during the marriage (see retirement and QDROs)
- Businesses started during the marriage
- Income from separate property, such as rent from a house one spouse owned before marriage, or dividends on inherited stock, unless the spouses signed an agreement saying otherwise
- Tax refunds attributable to the marriage years
- Cash, accounts, crypto and investment accounts funded with marital earnings
What is not community property
Separate property includes what a spouse owned before marriage, what a spouse received by gift or inheritance, and certain personal-injury recoveries (other than lost earnings). Our page on separate property covers how to prove it.
How a Texas Court Divides the Community Estate
Texas Family Code § 7.001 directs the court to divide the community estate “in a manner that the court deems just and right, having due regard for the rights of each party and any children of the marriage.” That standard gives judges significant discretion.
Factors that can justify an unequal division
Courts consider a range of circumstances, including:
- Fault in the breakup, such as adultery or cruelty, when pleaded and proven
- Disparity in earning capacity and education
- Health and age of each spouse
- Which spouse will have the children most of the time
- Size of each spouse’s separate estate
- Waste, fraud or concealment of community assets
- Benefits the innocent spouse would have received had the marriage continued
These factors do not lead to a formula. Instead, they are arguments that may move a division off of 50/50, sometimes modestly and sometimes more.
What the court cannot do
A court cannot award one spouse’s separate property to the other spouse. It can only divide community property. That is why characterizing each asset correctly is so important before any division is discussed.
Community Property Issues We See Often in New Braunfels
Our area’s growth has created some recurring patterns:
- Home equity. Rapid appreciation in New Braunfels and Comal County means the house may be the largest asset, and the equity may have grown dramatically. See who keeps the house.
- Commuter careers. Many families have one spouse with a San Antonio or Austin job carrying a 401(k), stock awards or a pension. Those benefits may be partly community.
- Military and civil service. Families connected to Joint Base San Antonio often have military retirement or federal benefits.
- Small businesses. River-adjacent rentals, trades, and family businesses frequently started during the marriage, and valuing them takes care.
- Mixed property. A house bought before the marriage and paid down with marital income may be separate property with a community reimbursement claim.
Reimbursement Claims
Sometimes one estate has paid for the benefit of another. For example, community wages may have paid down the mortgage on a house one spouse owned before marriage, or separate funds may have been used for improvements on the community home. Texas recognizes reimbursement claims for these situations. The court weighs them in an equitable way rather than by a strict dollar-for-dollar refund, and offsets any benefit the paying estate received, such as use of the home.
Reimbursement can be a significant issue, and it must be pleaded and proven.
Steps to Protect Your Share
- Collect statements. Bank, retirement, credit card, mortgage and investment statements, going back as far as you can. Write down where every account is held.
- Note dates. When were accounts opened? When was the house bought? What was the balance on your wedding date?
- Do not hide or move money. Courts can account for waste and fraud on the community, and it damages your credibility.
- Track separate claims early. Inheritance records, gift letters and pre-marriage statements are easier to get now than later.
- Think in after-tax terms. A dollar in a 401(k) is not the same as a dollar in checking. Retirement funds carry future tax; home equity may involve selling costs.
- Consider the whole picture. A fair division looks at all assets and debts together, not one item at a time.
Agreements Can Change the Rules
Spouses can alter community property rules with a prenuptial agreement or a postnuptial (marital) agreement, such as an agreement that income from separate property stays separate. If you signed one, it may control much of the division. Those agreements must be in writing and signed, and enforcement can be challenged only on limited grounds.
Talk With a Comal County Divorce Attorney About Your Property
Dividing a community estate is part law and part arithmetic, and small mistakes add up. Whether your New Braunfels case is in Comal County or Guadalupe County, our family law team can help you identify what is community, what is separate, and what a just and right outcome might look like. Call (830) 302-4071 for a free consultation by phone, video or in person. Hablamos español.
Frequently Asked Questions
Does Texas split community property 50/50?
Not automatically. Texas requires a ‘just and right’ division, which often lands near equal but can be unequal when factors like fault, earning capacity, health or waste justify it. Most couples settle on a division they negotiate themselves.
Is my paycheck community property?
Wages earned by either spouse during the marriage are community property, no matter whose name is on the paycheck or the account where it is deposited. That includes bonuses and commissions earned during the marriage.
What date does community property stop accumulating in Texas?
The community estate generally continues until the divorce is final, not the date of separation. Texas does not have legal separation, so income earned and property bought while separated can still be community. Our page on separation in Texas explains more.
Are debts divided like property?
Debts are divided as part of the overall just and right division, but a divorce decree does not bind the creditor. If your name stays on a debt your spouse was ordered to pay, the lender can still pursue you.
What is a sworn inventory?
In a contested divorce, each spouse is commonly ordered to prepare a sworn inventory and appraisement listing all property and debts, with values and claimed character. It becomes a key document in negotiation and at trial.
Last reviewed November 13, 2026. General information only, not legal advice.