Texas is a community property state, which means that most property acquired during a marriage is presumed to be jointly owned (community property) and should be divided in a just and right manner during the divorce. In many cases, doubt over a property’s ownership may result in that property being classified as community property. While Texas law usually categorizes property based on the time of acquisition (before or during marriage), separate property can be established using multiple criteria, including whether it was owned by one spouse prior to marriage, gained by one spouse during marriage under certain circumstances (such as a gift) or received for the personal injury of one spouse during marriage. The determination of community property vs. separate property can become complex, but legal representation can help decide where proper evidence exists to prove ownership.