Legal Question in Family Law in Texas

Community or Separate Property?

I got married Feb 2001, Two horse colts born April 2001 and May 2001, I have always had sole ownership of the Dams. I paid for the studs fee in 2000, the year before we married. In 2003, I traded the two colts for a $14,000 Horse Barn. Now we are divorcing and he wants to claim the barn as community property. I see it as separate property. How do I prove it's separate or is it?


Asked on 11/14/06, 1:19 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Community or Separate Property?

If you can trace the proceeds from the sale of the horses directly into the purchase of the barn, and if the barn is titled in your name, then you will prevail. If the money was mingled in a joint account, then it becomes more difficult, because the money loses its distinction once it is comingled. Ultimately it is most likely that at some point you and your husband will agree on the division of assets. Try to remain firm on the barn issue.

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Answered on 11/14/06, 1:25 pm


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