Overview of Marital Property
In Texas, the “marital estate” contains three separate and distinct types of property:
- the “separate property” of the wife;
- the separate property of the husband; and
- 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.