Legal Question in Family Law in Oklahoma
community property
My current wife and I came together in 2003 moved in together, purchased furniture. She says she paid for when we were liviing together with joint acct and it was before we were married. I say it was paid for with money coming into the household. She says she paid for it with her income tax return she filed as single due to not married yet. I don't remember it being paid for with those specific funds, All purchases we made were for our househould. We agreed to separate and made a list of things each would take. She then changed her mind and only wanted me to take what she felt i should have. I move out and took what we originally agreed upon. I have the list in both our hand writings but it was not signed by either of us. Is that property not community property, but hers because it was purchased with money she says was serparate from the househould. We resided in Oklahoma at the time and Texas now at separation. She has told me legal has advised her she is intitled to have the furniture back if she paid for it. My understanding is if it was purchased when we we together as a couple and we went on to be married it would be community property. Am i incorrect and she correct or am I correct and she incorrect?
1 Answer from Attorneys
Re: community property
Under Texas law any property acquired by either party before marriage is separate property. Living together before marriage doesn't make it community property.
Since you apparently had an agreement about purchasing the furniture, you may have a civil claim with regard to your right to the furniture on a theory of contract if you can prove that you paid part of the cost of it.
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