Section 45 of the Texas code discusses Community Property. Community Property is all property acquired during marriage that is earned. It will be owned equally in undivided interest of the spouses. The statute provides that if all the children of the diseased spouse are in common with the surviving spouse, then the surviving spouse inherits all of the community property of the diseased if they have no children or children in common. However, if the surviving spouse has children or descendants who are not in common, then one half of the community proeprty is divided among the children of both the common and prior relationship.