Community Property

[Walach]

In TEXAS


"According to Texas Family Code, property possessed by either spouse during or on dissolution of marriage is presumed to be community property. The degree of proof necessary to establish that property is a separate property is clear and convincing evidence.

In the above definition, is the Certificate of Title issued by the Texas DMV under the name of one spouse only a clear and convincing evidence, meaning, that such a vehicle is a separate property of the named person? Is there any precedent established in the State of Texas in the exact or similar legal case?"

NEED ASAP , PLS.

 

[Zigner]

In TEXAS


"According to Texas Family Code, property possessed by either spouse during or on dissolution of marriage is presumed to be community property. The degree of proof necessary to establish that property is a separate property is clear and convincing evidence.

In the above definition, is the Certificate of Title issued by the Texas DMV under the name of one spouse only a clear and convincing evidence, meaning, that such a vehicle is a separate property of the named person? Is there any precedent established in the State of Texas in the exact or similar legal case?"

NEED ASAP , PLS.

No, especially if the vehicle was acquired during the marriage.

 

[Walach]

Perhaps are exclusions

No, especially if the vehicle was acquired during the marriage.

What if people prior to marriage had access to cash and such a source was used. Common sense is forcing to comply , but many rules have an exceptions. That what I am looking for .

Thanks any way for the prompt reaction

Walach

 

[Zigner]

What if people prior to marriage had access to cash and such a source was used. Common sense is forcing to comply , but many rules have an exceptions. That what I am looking for .

Thanks any way for the prompt reaction

Walach

Those are things that said people would need to use to attempt to show that the vehicle is the separate property of said people. However, if marital assets were used towards the car (repairs, etc.), it could be argued that the vehicle is community property.