pjc-family-2024-lib

C HARACTERIZATION OF P ROPERTY

PJC 202.6

PJC 202.6

Property with Mixed Characterization

An item of property may be— 1. Community property.

2. Separate property of one spouse. 3. Separate property of the other spouse. 4. Any combination of these.

The part that is separate property is the percentage of the purchase price paid with separate property or separate credit. To calculate a separate-property inter est, divide the separate-property contribution by the total purchase price. The interest remaining after all separate-property interests have been deducted is community property. Property may be acquired partly by gift and partly by purchase. In such a case, the portion acquired by gift is always separate property. The portion acquired by purchase is separate, community, or both, depending on the source of the funds or credit used to make the purchase, in accordance with the defini tions and instructions regarding separate and community property given in this charge. COMMENT Source. The foregoing instruction is derived from Gleich v. Bongio , 99 S.W.2d 881 (Tex. 1937). When to use. If property with mixed characterization is in issue, the portions of the foregoing instruction that are relevant in the particular case should be given with PJC 202.1 (separate and community property). If credit is involved, PJC 202.5 (prop erty acquired on credit) should be included in the charge. Rewording. The term devise or the term descent , or both, may be substituted for or added to the term gift in the third paragraph of the foregoing instruction, as appro priate.

49

Made with FlippingBook - Online Brochure Maker