pjc-family-2024-lib

C HARACTERIZATION OF P ROPERTY

PJC 202.1

PJC 202.1 Separate and Community Property The property of a spouse is characterized as either separate property or com munity property. Unless it has been converted to community property by agree ment of the spouses, [a/A] spouse’s separate property consists of— [Use only the items that are relevant in the particular case.] 1. The property owned or claimed by the spouse before marriage. 2. The property acquired by the spouse during marriage by gift, devise, or descent. 3. The recovery for personal injuries sustained by the spouse during marriage, except any recovery for loss of earning capacity during marriage. 4. The property set aside to the spouse by a premarital agreement. 5. The property set aside to the spouse by a partition or exchange agreement. 6. The property set aside to the spouse by an agreement between the spouses concerning income or property derived from separate property. Community property consists of all property, other than separate property, acquired by either spouse during marriage. COMMENT Source. The definition of “separate property” in the foregoing instruction is based on Tex. Const. art.XVI, §15, and Tex. Fam. Code §§3.001, 4.003, 4.102, 4.103, 4.201–.206. The definition of “community property” is based on Tex. Fam. Code §3.002. When to use. The portions of the foregoing basic definition that are relevant in the particular case should be given in cases in which characterization of property is in issue. Other instructions contained in PJC 202.2–202.10 also relate to the characteriza tion of property; appropriate portions of those definitions and instructions should be given if relevant to the particular case. See PJC 202.11 and 202.12 for jury questions to be submitted on the subject of characterization of property. The phrase Unless it has been converted to community property by agreement of the spouses , in the second sentence of the first paragraph, should be omitted if such an agreement is not in evidence. The words or claimed in item 1 should be omitted if inception of title is not in issue.

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