Understanding the distinction between community and separate property in Texas is crucial when navigating the complex process of divorce. This blog post aims to provide clarity on how property is divided in Texas divorces, focusing particularly on the treatment of marital homes.

Community vs. Separate Property: A Primer

In Texas, the division of property in divorce cases hinges on whether assets are considered ‘community’ or ‘separate’ property. As outlined in Texas Family Code § 3.001, separate property includes:

  • Property owned or claimed by the spouse before marriage.
  • Property acquired during marriage by gift, devise, or descent.
  • Recovery for personal injuries sustained by the spouse during marriage, except for recovery for loss of earning capacity during marriage.

On the other hand, property acquired during the course of your marriage generally falls under the category of community property. This distinction is critical as community property is typically divided between spouses in a divorce, while separate property remains with the owner.

Marital Home: Community or Separate Property?

A common point of contention in divorces is the status of the marital home. If you and your spouse purchased the home during your marriage, it is likely considered community property. However, if one spouse owned the home before marriage, it is usually deemed separate property, though it may be subject to reimbursement claims.

There are instances where the character of the home is ‘mixed’. For example, if a house is purchased during the marriage using community credit but separate funds are used for the down payment, the house may partly be community and partly separate property. Determining this mix often requires expert analysis, which is where the expertise of Sandra Gomez can be invaluable.

Court Decisions on Marital Homes

So, how does a court decide who gets the house, especially when it’s identified as community property? Contrary to dramatic expectations, courts don’t literally split a property in half. Sandra Gomez can guide you through the legal considerations that courts take into account, which include factors like the welfare of any children involved, each spouse’s financial situation, and contributions made by each party towards the home.

The Role of Sandra Gomez in Property Division

Navigating property division, especially when it comes to your family home, can be complex and emotionally taxing. Sandra Gomez, with her deep understanding of Texas family law, can provide the necessary legal guidance and representation. Whether it’s negotiating an agreement, representing your interests in court, or working with financial experts, Sandra Gomez is equipped to handle the nuances of your case.


In the maze of divorce proceedings, understanding the nuances of property division is key. For those facing such a scenario in Texas, consulting with Sandra Gomez can offer clarity and peace of mind. You can ensure that your rights are protected and your interests are well-represented, particularly when it comes to one of the most significant assets in a divorce – your home.

Contact Information: For professional guidance on property division in Texas, reach out to Sandra Gomez:

Embark on this challenging journey with the experienced support of Sandra Gomez, ensuring a fair and just resolution in your divorce proceedings.