Community Property considerations for Married Filing Separately Tax Status
Pete, Team Collaborator • January 16, 2025
Report half of all community income & all of your separate income on your return
Texas is one of nine states that is a community property jurisdiction. In general, this means that any property acquired by a couple during their marriage (with a few exceptions) is equally owned by both spouses. This can have a profound effect on the dissolution of property during divorce proceedings.
To fulfill the married filing separately requirements, you’ll each report your own income separately. You must attach Form 8958 to your tax form showing how you each figured the amount you’re reporting on the tax return.
Community property is property that you, your spouse, or both acquire:
- During your marriage
- While you and your spouse are living in a community property state
Separate property is property that you or your spouse:
- Owned separately before your marriage
- Earned while living in a non-community-property state
- Received separately as a gift
- Bought with separate funds
- Acquired through separate funds
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