Tex. Fam. Code § 3.003 : FAMILY CODE — THE MARRIAGE RELATIONSHIP — PROPERTY RIGHTS AND LIABILITIES — MARITAL PROPERTY RIGHTS AND LIABILITIES — GENERAL RULES FOR SEPARATE AND COMMUNITY PROPERTY — Presumption of Community Property TEXT PDF (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 Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. 4/17/1997.