Dallas, TX family law attorney Holly Draper explains the difference between community property and separate property in Texas. She explains that community property is property that is jointly owned by the marital estate. Anything acquired by either the husband or the wife during the marriage is generally considered community property, regardless of whose name it is in—whether his, hers, or both. This applies to bank accounts, houses, or any other type of property accumulated during the marriage.

Separate property, on the other hand, is not included in the division of the community estate. This includes assets either spouse brought into the marriage, anything inherited, gifts, or certain personal injury damages. The burden of proving that property is separate rests on the spouse claiming it as such. Generally, the longer the marriage has lasted, the more difficult it becomes to establish that certain property is separate, especially if it was brought into the marriage.