pjc-family-2024-lib

PJC 202.5

C HARACTERIZATION OF P ROPERTY

PJC 202.5 Property Acquired on Credit Funds or property acquired on credit during marriage is community property unless the creditor, at the time of the extension of credit, agrees to look solely to the separate estate of the borrower for payment of the debt. COMMENT Source. The foregoing instruction is derived from Cockerham v. Cockerham , 527 S.W.2d 162, 171 (Tex. 1975) (citing Broussard v. Tian , 295 S.W.2d 405 (Tex. 1956), and Gleich v. Bongio , 99 S.W.2d 881 (Tex. 1937)), and Attaguile v. Attaguile , 584 S.W.3d 163, 174 (Tex. App.—El Paso 2018, no pet.). When to use. If property acquired on credit is in issue, the foregoing instruction should be given with PJC 202.1 (separate and community property).

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