It is possible for one spouse to have a claim for reimbursement for separate property that was invested into the community estate. Typically, this takes the form of one spouse using their inheritance or pre-marriage assets to purchase a home during marriage. It also often occurs where one spouses uses their inheritance or pre-marriage assets to remodel or add improvements to a home.
Texas law provides a presumption that all property on hand at the time of divorce is community property. To prove otherwise, the spouse who is claiming a separate property interest must prove it by "clear and convincing evidence". Documentations is going to be critical to being able to prove the separate property interest in situations where the separate property has been transferred into a community property item. This is referred to as "tracing". The spouse will have to show exactly where the original property interest came from, and when and how it became invested into the community property item.
Stephen Carl practices civil litigation, focusing primarily on family law cases. Stephen graduated, cum laude, from Baylor Law School with a special distinction in family law and as an editor for the Baylor Law Review. Stephen is ...
Family law can be complicated.
This blog contains some of the most common questions that our family law attorneys receive. Search or click below to learn more about common family law issues regarding divorce, child custody, adoption, and CPS.
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- New Changes to CPS Statutes Effective 09/01/2021: Prioritization of Placement Decisions
- New Change to Child Support Effective 09/01/2021: Reduction in Support Requirements for Low-Income Earners
- What is a common law marriage in Texas?
- Can I be ordered to pay my spouse alimony (spousal maintenance)?
- Is my premarital agreement enforceable?
- What are "Initial Disclosures"?
- Should my spouse and I use the same lawyer for our divorce?
- What is Collaborative Family Law?
- Who has more power over a CPS case: The judge or CPS?