Does it Matter Whose Name is on Title or Deed of Property in a Divorce in Texas?

This article addresses what importance if any of property being titled or deeded in the name of one spouse in Harris and Montgomery County in Texas in a divorce and the importance of community property and separate property.

A question that comes up quite often in my divorce consults on the phone or in my office is the name on a car title, real estate deed, or bank accounts.

Generally, the conversation takes one of two directions. Either the caller wants me to know that it is going to be an easy divorce because some piece of property is just in their name so there is nothing to divide. Alternatively, I have someone who is concerned because all of the property is in the other spouse’s name and so they are afraid they are not entitled to anything.

This is normally when I need to explain that Texas Law is not that simple. I explain that Texas is a community property State. Part of the divorce process is figuring out what property is community property and what property is separate property. This distinction is very important because a divorce court can divide the community property between the parties but cannot do so for separate property.

Community Property

Community property is all property acquired during marriage except for property acquired by gift or inheritance

Separate Property

Separate property is property that:

  1. Was owned prior to marriage
  2. or property that was acquired during the marriage by gift or inheritance.

The Presumption of Community Property

In Texas during the divorce process all property is presumed to be community property. This means that the spouse claiming that they own separate property has the burden to put on evidence that it is separate property.

What this Means

This means that in most cases any property you have purchase from time you married your spouse will need to be divided by court during the Texas divorce process. This also means that in most cases you will get to keep property you owned prior to the marriage, have inherited, or were given as a gift.

Depending on the facts of your situation there may be some exceptions or you may have to reimburse the community estate if community funds have benefited your separate estate. However, these situations will be discussed in another blog article.


If you want to know more about what you can do, CLICK the button below to get your FREE E-book: 16 Steps to Help You Plan & Prepare for Your Texas Divorce

Other Articles you may be interested in:

  1. Dividing Property in a Texas Divorce - The Just and Right Division
  2. Why is Separate Property Important and How to Keep it Separate in a Texas Divorce?
  3. What Wikipedia Can’t Tell you About Texas Divorce and Marital Property Division
  4. Texas Divorce Property Division Enforcement
  5. Separate Property in a Texas Divorce?
  6. Is Social Security Considered Separate Property in a Texas Divorce
  7. Business Owners and Business Assets in a Texas Divorce
  8. What to do when your divorce decree does not include a marital asset?
  9. High Net Worth Divorce / High Asset Divorce

Law Office of Bryan Fagan | Spring Divorce Lawyers

The Law Office of Bryan Fagan routinely handles matters that affect children and families. If you have questions regarding divorce, it's important to speak with one of our Spring, TX Divorce Lawyers right away to protect your rights.

Our divorce lawyers in Spring TX are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact Law Office of Bryan Fagan by calling (281) 810-9760 or submit your contact information in our online form. The Law Office of Bryan Fagan handles Divorce cases in Spring, Texas, Cypress, Spring, Klein, Humble, Kingwood, Tomball, The Woodlands, the FM 1960 area, or surrounding areas, including Harris County, Montgomery County, Liberty County, Chambers County, Galveston County, Brazoria County, Fort Bend County and Waller County.


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