28.02(a)(2)(D) says it is arson to burn a habitation that is located on the property of another. What if the property that it is located on is jointly owned by the defendant and his soon to be ex-wife? Can we still say that it is on property owned by another?

Sec. 28.05 states, "It is no defense to prosecution under this chapter that the actor has an interest in the property damaged or destroyed if another person also has an interest that the actor is not entitled to infringe."

Thanks for pointing that out. That's just what I was looking for.

What if he only burned down half the house?

=)

One spouse has an undivided interest in the community property, so the defendant would still be guilty!

I did have defendant who claimed he only slashed his portion of a tire.