Marital Property

Front 1

Marital Property

Back 1

governs ownership, management, liability, and disposition of all property possessed during and upon the dissolutuion of a marriage

Front 2

3.001 Separate Property

Back 2

A spouse's separate property consists of: a) The property owned or claimed by the spouse before marriage; b) The property acquired by the spouse during marriage by gift, devise, or descent; c) the recovery for personal injuries sustained by the spoused during marriage, except any recovery for loss of earning capacity during marriage

Front 3

3.002 Community Property

Back 3

Community Property consists of the property, other than separate property, acquired by either spouse during marriage

Front 4

3.003 Community Property Presumption

Back 4

a)Property possessed by either spouse during or on dissolution of marriage as presumed to be community property b) This presumption can only be rebutted by clear and convincing proof that the property in question is separate property

Front 5

Characterization

Back 5

to determine whether marital property was acquired at a time or in a manner which would deem it separate property of a spouse

Front 6

Why does characterization make a difference?

Back 6

only community property can be divided by a judge in divorce

Front 7

How many characterizations of property?

Back 7

There are 3 characterizations of property: 1. Separate Property of Wife 2. Separate Property of Husband 3. Community Property

Front 8

What is the management of property?

Back 8

1. wife's sep property that she manages 2. H sep prop that he manages 3. wife's sole management community property 4. husband's sole management community property 5. joint management community property

Front 9

What are the differences in the constitution from 1876 from the constitution now?

Back 9

Separate Property is limited wife. You could not agree that something would be separate property. You could not agree to split something so half would be his and half would be hers. Limited to gift , inheritance, or before marriage.

Front 10

Deblane v. Hugh

Back 10

Crops produced on sep prop land is community prop. income off sep prop is community prop.

Front 11

Doctrine of Ownerous Title

Back 11

The test:Was it acquired by labor of the spouses? if yes- CP If no- SP

Front 12

3.005 Gifts between Spouses

Back 12

If one spouse makes a gift of property to the other spouses, the gift is presumed to include all income and property that may arise from the property

Front 13

Stringfellow v. Sorrels

Back 13

Creditors against one spouse cannot go against the other spouse's separate prop

Front 14

Kellet v. Trice

Back 14

Character of propertyis set acquisition and an agreement cannot change what has been constitutionally defined.

Front 15

The order of authority

Back 15

Constitution, Statutes, Case law

Front 16

1911

Back 16

married woman could obtain an order f the district ct to remove her disability of coverture

Front 17

1913

Back 17

1. wife has pwr to manage her separate property 2. power of control, management and disposition of what was later termed the special community property consisting personal earnings of the wife, the rents from the wife's real estate, the interest on bonds and notes belonging to her and dividends on stocks owned by her 3)exemption from liability for debts contracted by the H was extended to the wife's special community prop, as well as to her separate property.

Front 18

1915

Back 18

Property or money received as compensation for personal injuries sustained by the wife are her separate property, except those to pay for medical bills and other expenses that the husband paid. This statute is later declared invalid!

Front 19

1917

Back 19

Rents and revenues derived from separate property of either spouse are separate property of that spouse.

Front 20

Doctrine of implied exclusion

Back 20

if the constitutiopn says that this is the only way you can acquire a right in something, then anything not specifically listed is implied to be excluded
Test:Was it acquired by gift, devise , descent? If not?-CP If so, S/P

Front 21

Strickland v. Webster

Back 21

community prop law cannot be changed by contract (at that time)

Front 22

King v. Bruce

Back 22

Could not partition and exchange (at that time)

Front 23

Amendment to Art. 16 in 1948:Sec. 15

Back 23

provided that h and w without prejudice from creditors may from time to time by written instrument as if the w were a feme sole partition between themselves in severalty or into equal and undivided intersts all or any part of their existing and community property, or exchange between themselves the community interst of one spouse in any property for the community interest of other spouse in other community property, whereupon the portion or interest set aside to each spouse shall be and constitute a part of the separate property of such spouse .

Front 24

Partition and Exchange in relation to Creditors

Back 24

Creditors are protected in that if the partition or exchange that creates separate property prejudices creditors it is held invalid

Front 25

A partition and exchange in relation to prenuptial agreement

Back 25

the couple must be married to partition and exchange under the 1948 amendment

Front 26

Partition and exchange on bank acct

Back 26

you can partition a bank acct but cannot partition future interest earned on it will be community. In order to make the interest sep you would have to partition it again the next year. Even if they separated the acct so each spouse had their own acct the interest earned on it would still be community unless they partition it again. Must do an exchange at the end of each yr in order to be community.

Front 27

Hilley v. Hilley

Back 27

Community property cannot be used to create a joint tenancy with right of survivorship between the spouses, bc such a transaction was not an interspousal gift. ---If you are going to set up a joint tenancy w/ right of survivorship between the spouses, so that on H's death, H's sep prop becomes W separate prop and vice versa, MUST Partition and Exchange first

Front 28

Davis v. East Texas Savings and Loans

Back 28

spouses could utilize separate prop to create a valid joint tenancy with right of survivorship, with the spouses as joint tenants

Front 29

Krueger v. Williams

Back 29

a spouse, utilizing community property, could create a valid joint tenancy with right of survivorship with the spouse and a third party as joint tenants.

Front 30

William v. Mcknight

Back 30

up until 1988 JTWROS had to be made by partition. There can be no JTWROS arising from CP without partitioning it first

Front 31

Few v. Charter Oak Fire ins. Co

Back 31

When a rule of the ct conflicts with a legislative enactment, the rule yields. A wife does not have to join her husband in a suit for recovery of worker's compensation benefits arising out of her own injuries. Worker's compensation is cp, and her husband owns it jointly with her. But despite that joint ownership, he doesn't have to be a party to the suit to recover them.

Front 32

Graham v. Franco

Back 32

The recovery awarded for personal injuries sustained by either spouse except for any recovery for loss of earning capacity during marriage. The acts of negligence of the H are not imputed to the w so as to bar her recovery.

Front 33

3.001

Back 33

the recovery for personal injuries sustained by the spouse except for any recovery for loss of earning capacity during marriage, is separate property

Front 34

Williams v.Williams

Back 34

A premarital agreement can waive the constitutional and statutory rights of a surviving spouse to a homestead and other exempt property