Texas — Special Topics — Texas Real Estate — State Law Practice Test

This Texas Real Estate — State Law Texas — Special Topics practice set has 20 practice questions based on the official exam materials, each with an instant explanation.

Sample questions

Three questions from the Texas — Special Topics bank with the correct answer and an explanation. The practice quiz above draws 20 questions at random from the same bank.

1. Under Texas law, how is property that either spouse acquires by purchase during the marriage generally characterized?

   • Community property owned by both spouses — Correct answer
   • Separate property of whichever spouse signed the deed
   • Property held in joint tenancy with right of survivorship by default
   • Property automatically owned equally by the spouses and their children

   Explanation: Texas is a community-property state: property acquired by either spouse during the marriage (other than by gift, devise, or descent) is presumed to be community property owned by both spouses, regardless of which spouse's name is on the title. Community property（共同财产）: property acquired by either spouse during marriage, owned by both. TX source: Texas Family Code §3.002 & §3.003 (community-property presumption).

   Handbook: Texas Special Topics — Community vs. separate property (Family Code §3.002–§3.003)

2. Which of the following is the spouse's SEPARATE property under Texas law?

   • A house one spouse inherited from a parent during the marriage — Correct answer
   • Wages earned by either spouse during the marriage
   • A rental property the couple bought together after the wedding
   • A car purchased with the couple's joint checking account

   Explanation: Separate property is property owned before marriage, or acquired during marriage by gift, devise (will), or descent (inheritance), plus recoveries for personal injuries to that spouse (except lost earning capacity). It remains that spouse's own, not community property. Separate property（个人财产）: owned before marriage or received by gift/inheritance during marriage. TX source: Texas Family Code §3.001.

   Handbook: Texas Special Topics — Separate property defined (Family Code §3.001)

3. A married person owns the family homestead in Texas, and only that one spouse is named on the deed. To sell or mortgage the homestead, who must sign?

   • Both spouses must sign, even though only one is on the deed — Correct answer
   • Only the spouse named on the deed needs to sign
   • Either spouse may sign alone since they are married
   • Neither spouse signs; a court order is required to sell a homestead

   Explanation: In Texas, even if title is in one spouse's name alone, BOTH spouses must join in any conveyance or encumbrance of the homestead — neither spouse may sell or mortgage the homestead without the other's signature (joinder). This protects the family home. Spousal joinder（配偶共同签署）: both spouses must sign to convey/encumber a homestead. TX source: Texas Family Code §5.001 & Property Code §5.001.

   Handbook: Texas Special Topics — Spousal joinder to convey or encumber homestead (Family Code §5.001)