Community Property Flashcards
SP
i) property owned or claimed by the spouse before marriage
ii) property acquired by the spouse during marriage by gift, devise, or descent
iii) recovery for PI sustained by the spouse during marriage (except for any recovery for medical expenses and loss of earning capacity)
CP
any property other than SP, acquired by either spouse during marriage including income from either spouse’s SP
inception of title rule
S or C character of property is determined at the time it is acquired and no subsequent actions will alter its character
where installment payments on a purchase are begun before marriage and completed after marriage, the purchase is…
SP, even if the bulk of payments are made with C funds
an asset acquired on credit is presumptively acquired on…
C credit - the source of funds later used to pay off the credit obligation is irrelevant because ownership is determined at the time the asset is purchased on credit
the court may not recognize a claim for reimbursement for..
- the payment of child support, alimony, or maintenance
- the living expenses of a spouse or child of a spouse
- contributions of property of a nominal value
- payment of a liability of a nominal amount OR
- student loan owned by a spouse
the amount of spousal maintenance may not exceed the lessor of…
$5,000 per month or 20% of the obligor spouse’s monthly gross income
maximum length of time a court can order spousal maintenance if the couple was married between 10-20 years
5 years
alimony in TX
- contractual alimony is valid
- alimony judgment from another state is enforceable via the full faith and credit clause
- TX public policy does not permit the award of alimony
for the COA to reverse a TC’s division of property the appellant must prove…
there was no rational basis for the TC’s decision
