pjc-family-2024-lib

C HARACTERIZATION OF P ROPERTY

PJC 202.4

PJC 202.4 Tracing The character of separate property is not changed by the sale, exchange, or change in form of the separate property. If separate property can be definitely traced and identified, it remains separate property regardless of the fact that the separate property may undergo mutations or changes in form. COMMENT Source. The foregoing instruction is derived from Tarver v. Tarver , 394 S.W.2d 780 (Tex. 1965), and Rose v. Houston , 11 Tex. 323 (1854). Commingling. No specific instruction is provided regarding “commingling.” The term is descriptive only, and its application in characterizing property is incorporated in the instructions and definitions contained in PJC 202.1–202.6. When to use. If tracing of separate property is in issue, the foregoing instruction should be given with PJC 202.1 (separate and community property).

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