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Overview of Marital Property

In Texas, the “marital estate” contains three separate and distinct types of property:

  1. the “separate property” of the wife;
  2. the separate property of the husband; and
  3. the “community property” of the marriage.

Essentially, all marital property is either community or separate property.  Texas family law establishes a rebuttable presumption that all property possessed by either spouse during or at the time of divorce is community property.