Tex. Codes » Family Code · TITLE 1. THE MARRIAGE RELATIONSHIP · SUBTITLE B. PROPERTY RIGHTS AND LIABILITIES · CHAPTER 3. MARITAL PROPERTY RIGHTS AND LIABILITIES
Texas Codes

Tex. Fam. Code § 3.002 (2026)

Community Property

✓ current as of May 2026
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Sec. 3.002. COMMUNITY PROPERTY. Community property consists of the property, other than separate property, acquired by either spouse during marriage.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.

Notes of Decisions
Cited in 204 cases (46 in the last 5 years), 1998–2026 · leading case: Sharma v. Routh, 302 S.W.3d 355 (Tex. App. 2009).
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Sharma v. Routh, 302 S.W.3d 355 (Tex. App. 2009). · cites it 4× “" See TEX. FAM.CODE § 3.002 (Vernon 2006). In interpreting the Texas Constitution, Texas courts rely heavily on the literal text and must give effect to its plain language.”
Sprague v. Sprague, 363 S.W.3d 788 (Tex. App. 2012). · cites it 4× “Community property, on the other hand, consists of all of the property, other than separate property, acquired by either spouse during marriage, and all property possessed by either spouse during the marriage or at its dissolution is presumed to be community property.”
Douglas v. Delp, 987 S.W.2d 879 (Tex. 1999). · cites it 3× “” See Tex. Fam.Code § 3.002; Free v. Bland, 369 U.”
Barnett v. Barnett, 67 S.W.3d 107 (Tex. 2002). · cites it 2× “[11] Tex. Fam.Code § 3.002. [12] Id. § 3.001. [13] Id.”
Smith v. Smith, 22 S.W.3d 140 (Tex. App. 2000). · cites it 2× “Laws 2707 , 2726 (now at TEX. FAM.CODE ANN. § 3.002 (Vernon 1998)).”
Rusk v. Rusk, 5 S.W.3d 299 (Tex. App. 1999). · cites it 3× “TEX. FAM.CODE ANN. § 3.002 (Vernon 1998).”
Boyd v. Boyd, 67 S.W.3d 398 (Tex. App. 2002). “Tex. Fam.Code Ann. § 3.002 (Vernon 1998); Douglas v.”
Howe v. Howe, 551 S.W.3d 236 (Tex. App. 2018). “Later, the couple took out two home equity loans secured by the house. One loan was used to pay community debts, make improvements to the residence, and to invest in the couple's business.”
Cadle Co. v. Ortiz, 227 S.W.3d 831 (Tex. App. 2007). · cites it 2× “See Tex. Fam.Code Ann. § 3.002 (Vernon 2006) ("Community property consists of the property, other than separate property, acquired by either spouse during marriage.”
Pratho v. Zapata, 157 S.W.3d 832 (Tex. App. 2005). · cites it 2× “See Tex. Fam.Code Ann. § 3.002 (Vernon 1998).”
Williams v. Williams, 246 S.W.3d 207 (Tex. App. 2008). · cites it 2× “Tex. Fam.Code § 3.002. The salaries and wages earned by the parties during marriage are community property.”
Sandone v. Miller-Sandone, 116 S.W.3d 204 (Tex. App. 2003). “Tex.Fam. Code Ann. § 3.002. All property on hand at the dissolution of marriage is presumed to *207 be community property.”
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