Friday, November 10, 2006

Marital Property

In a Texas divorce proceeding, all property is presumed to be community property, a presumption that can only be defeated by clear and convincing evidence. Items that can be considered separate property are those things owned by one spouse before the marriage, anything acquired by gift, devise, or descent, or anything that has mutation of separate property. The inception of title rule has priority; when title incepts to a property determines its capacity as either community or separate.

That's your Friday lesson. There will be a test later.

1 comment:

Matthew said...

I found Marital Property to be quite interesting. How little we realize that the law governs that aspect of our lives, as well.