Introduction

Question 1

*Separate Property

Answer 1

1) property owned or claimed by the spouse before the marriage
2) property (real and personal) acquired by the spouse during marriage by gift (including from other spouse), devise, or descent (if given to both husband and wife, then each take half interest); or
3) recovery for personal injuries sustained by the spouse during marriage, except any recovery for medical expenses and loss of earning capacity during marriage

Question 2

*Agreement between Spouses

Answer 2

By written agreement signed by both parties, spouses or future spouses may partition or change between themselves all or part of their community property, then existing or to be acquired to become separate property

Question 3

Gift to other spouse

Answer 3

If once spouse makes a gift of property to the other spouse, that gift is presumed to include all of the income or property that might arise from the gift

Question 4

*Tracing Principles

Answer 4

Assets purchased with separate funds are themselves separate property

Question 5

When married couples move to TX from non-community property states and the marriage ends in death conflicts principles

Answer 5

Marital ownership on an asset is determined under the laws of the state in which the couple was domiciled at the time the asset was acquired

Ownership is not altered when the couple then moves to another state

Question 6

Quasi-Community Property for Purposes of Division upon Divorce

Answer 6

Property acquired in another state, which would have been classified as community property if acquired under the same circumstances while domiciled in Texas, is treated the same as community property for purposes of division on divorce

Question 7

*Community Property

Answer 7

Is all property that is not separate property of one of the spouses

Property possessed by either spouse during or on dissolution of marriage is presumed to be community property

Question 8

Burden of proof

Answer 8

The burden of proof is on the party contending that an asset is separate property; separate ownership must be established by clear and convincing evidence

Question 9

*Income from either spouse’s separate property

Answer 9

belongs to the community property

• income includes things like stock dividends, rent from separate property, interest on separate property

Question 10

*person gives a gift to both husband and wife while they are married

Answer 10

each takes a 1/2
separate property interest in the gift.

e.g. if father gives gift of “5,000 shares to husband and wife as community property” it is 2,500 of separate property for wife and 2.500 of separate property for husband (absent a written agreement to turn separate property into community property.

Question 11

*Ex. If husband has SP dividends that he places in a bank account he opened in his name while married

Answer 11

the savings account is CP because it was acquired during marriage and he used SP income (dividends) which is CP, to fund the account.

Question 12

• either spouse’s employment earnings during marriage

Answer 12

community property