Under the Texas Family Code, what is the legal presumption regarding property acquired during a marriage in Texas?
Correct Answer
A) All property acquired during marriage is presumed to be community property
Under Texas Family Code §3.003(a), property possessed by either spouse during or on dissolution of marriage is presumed to be community property. The burden of proof to establish that property is separate property falls on the spouse claiming it, and requires clear and convincing evidence.
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More Tx Community Property Homestead Questions
Under the Texas Family Code, which of the following is NOT classified as a spouse's separate property?
A couple marries in Texas after each owning their own homes for several years. Under the Texas Family Code, what happens to the homes they each owned before the marriage?
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- → A Texas homeowner defaults on a personal loan of $50,000. The creditor obtains a judgment and seeks to force the sale of the homeowner's primary residence to satisfy the debt. Under Texas homestead law, can the creditor force the sale?
- → A creditor attempts to place a lien against a Texas family's homestead for an unpaid medical bill of $25,000. Under Texas homestead law, can this lien attach to the homestead?
- → A Texas homeowner converts their homestead into a rental property and moves to another state. After two years, a creditor seeks to foreclose on the former homestead for an unpaid business debt. Under Texas law, can the creditor force the sale?
- → Mark and Lisa are married and live in Texas. During their marriage, Mark purchases an investment property using earnings from his salary. Under the Texas Family Code, how is this property classified?
- → Before her marriage to David, Sarah owned a rental house in Austin. After the wedding, rental income from the property accumulates in a joint bank account. Under the Texas Family Code, how is the rental income classified?
- → After 10 years of marriage, William inherits a lakehouse from his father. William's wife, Karen, assumes the inheritance is community property because they received it during their marriage. Under the Texas Family Code, who is correct?
- → Under the Texas Family Code, what is the legal term for a written agreement between spouses that converts community property into one spouse's separate property?
- → Under the Texas Family Code, what happens to community property when one spouse dies without a will in Texas?
- → A Texas couple gets married. The wife owns a car free and clear that she purchased three years before the wedding. Under the Texas Family Code, what is the classification of this car?
- → A Texas wife wants to sell a community property investment lot that she manages solely. She does not want to involve her husband. Under the Texas Family Code, can she proceed with the sale alone?
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Previous Question
A married couple in Texas holds a community property home. The husband wants to take out a home equity loan on the property. Under Texas law, what is required for the home equity loan to be valid?
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During their marriage, Susan and Robert enter into a written agreement partitioning their community property, converting their jointly-owned rental property into Susan's separate property. Under the Texas Family Code, is this agreement valid?