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?
2 Answers from Attorneys
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.
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.