Texas Property Law

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Commonly Asked Questions about Texas Property Law

How is property split in Texas?

Texas is a community property state. In Texas Family Code Sec. 3.002, it states that everything you acquire during your marriage money earned, real estate purchased, and any other property obtained is considered to belong equally to both spouses and will be divided by the Court.

What are landowners rights in Texas?

The right to adequate compensation for property taken for a public use. Property can only be taken for a public use. Property can only be taken by a government authority or private entity authorized by a government authority.

What is the property owner rule in Texas?

In Texas, the Property owner rule creates a rebuttable presumption that a landowner is personally familiar with his property and knows its fair market value, and thus is qualified to express an opinion about that value.

What are property rights in Texas?

Article I, 17 of the Texas State Constitution provides as follows: No persons property shall be taken, damaged, or destroyed for or applied for public use without adequate compensation being made, unless by the consent of such person.

What happens to property owned before marriage in Texas?

If it was prior to marriage, its your separate property. Although there might be reimbursement claims if community funds were spent on that property during the marriage, the character of the property will be separate under the inception of title doctrine.

What is the property possession law in Texas?

Code 16.026 (Ten-Year Statute): (a) A person must bring suit not later than 10 years after the day the cause of action accrues to recover real property held in peaceable and adverse possession by another who cultivates, uses, or enjoys the property.