(a) Property possessed by either spouse during or on dissolution of marriage is presumed to be community property.
(b) The degree of proof necessary to establish that property is separate property is clear and convincing evidence.
Tex. Fam. Code § 3.003
PRESUMPTION OF COMMUNITY PROPERTY
Applied in 120 court decisions — leading case Southwestern Bell Telephone Co. v. Garza (2004)
Most recently applied in Graff v. Leslie Hindman Auctioneers, Inc (September 2018)
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.