pjc-family-2024-lib

C HARACTERIZATION OF P ROPERTY

PJC 202.12

PJC 202.12 Separate Property—Both Parties Claiming Separate Interests (Question)

QUESTION ______ What percentage, if any, of each of the following items is the separate prop erty of SPOUSE A , of SPOUSE B , or of both, and what percentage, if any, is community property? An item may be community property, separate property of one spouse, separate property of the other spouse, or any combination of these. Answer by stating the percentage that is the separate property of SPOUSE A , the percentage that is the separate property of SPOUSE B , and the percentage that is community property. The percentages in your answer must total 100 per cent for each item. To find all or part of an item to be the separate property of a party, you must do so by clear and convincing evidence. “Clear and convincing evidence” is that measure or degree of proof that produces a firm belief or con viction that the allegations sought to be established are true. Any percentage of an item that is not the separate property of a party is community property. SPOUSE A ’s SPOUSE B ’s Community Separate Separate Property 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 both parties assert separate-property claims. If only one party asserts a claim of separate property, the question in PJC 202.11 (separate property—one party claiming separate interest) should be used. See the comments below entitled “If corporate form is disputed” and “Third-party ownership claims are not covered.”

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