Each state has its own marital property regime/laws, and even the community property states are different, and I don't know Texas law and don't know who's asking about the community property and why.... However, community property only arises with a marriage (at that point conceptually you categorize your property as 1. pre-marital, separate property and 2. marital property.) If neither of you had any income and you didn't buy or sell or property with marital money, your spouse didn't assign anything to you, you didn't co-mingle separate money with community money, etc it wouldn't seem you have any community property.