Legal Question in Family Law in Texas

Co-mingling Separate & Community Property

I filed for divorce in TX, where she lives; I now live in GA. I have cash loans (with signed notes) & inheireted property from my deceased mother. The will has not been probated. I want to maintain this as separate. I plan to use my (community property)IRA to pay off community debt. What are the practical steps to take to avoid co-mingling these funds with my separate funds? How best do I prove they have not been co-mingled?


Asked on 1/06/05, 10:45 am

2 Answers from Attorneys

Eric Beal Law Offices of Eric Beal

Re: Co-mingling Separate & Community Property

Just put them in a separate account and keep a paper-trail. Be advised, however, that any interest earned on the separate funds are community, until you are divorced and there is no more community.

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Answered on 1/06/05, 10:56 pm
Charles W. Field Charles W. Field, Attorney at Law

Re: Co-mingling Separate & Community Property

You should consult with a local attorney because there may be issues of which you didn't mention in your post. Ordinarily, I would suggest keeping the funds in separate accounts.

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Answered on 1/11/05, 4:32 pm


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