pjc-family-2024-lib

C HARACTERIZATION OF P ROPERTY

PJC 202.11

PJC 202.11 Separate Property—One Party Claiming Separate Interest (Question) QUESTION ______ What percentage, if any, of each of the following items is the separate prop erty of SPOUSE A and what percentage, if any, is the community property of the parties? Answer by stating the percentage that is the separate property of SPOUSE A and the percentage that is community property. The percentages in your answer must total 100 percent for each item. To find all or part of an item to be the sep arate property of SPOUSE A , you must do so by clear and convincing evidence. “Clear and convincing evidence” is that measure or degree of proof that pro duces a firm belief or conviction that the allegations sought to be established are true. Any percentage of an item that is not the separate property of SPOUSE A is community property. SPOUSE A ’s Community Separate Property Property PROPERTY A ______________% + ______________% = 100% PROPERTY B ______________% + ______________% = 100% PROPERTY C ______________% + ______________% = 100% COMMENT Source. The foregoing question is based on Tex. Fam. Code §3.003. The defini tion of “clear and convincing evidence” in the second paragraph is based on Tex. Fam. Code § 101.007. When to use. The foregoing question should be used if only one party asserts a claim of separate property. If both parties assert separate-property claims, the question in PJC 202.12 (separate property—both parties claiming separate interests) should be used. See the comments below entitled “If corporate form is disputed” and “Third party ownership claims are not covered.” Include these additional instructions. Applicable portions of the instructions in PJC 202.1 (separate and community property) through PJC 202.10 (agreement to con vert separate property to community property) should be used with this question.

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