Legal Question in Family Law in Texas

Are Patent Royalties Community Income?

I need to know if patent royalties paid on a patent license agreement from a patent obtained prior to the marriage is community income or separate income. Only the income received after the marriage. So far all I have found to be separate are mineral rights. Please help!


Asked on 8/31/00, 2:52 am

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Are Patent Royalties Community Income?

Individual property acquired prior to the marriage and not gifted to a spouse remains separate property, as does the income from it, again, unless given to the spouse in some fashion, or to the community either by design or by comingling.

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Answered on 10/03/00, 10:25 am


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