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In texas probate court, under intestate succession, what is defined as community property?

Cypress, TX |

Does the name on title matter? Do items, such as both spouses' vehicles and real estate count?

Attorney Answers 3


It depends. Community property is not so simple. It depends on whether the items were obtained through gift, device, or bequest. If the money used to purchase the items can be traced to community funds or non-community funds, whether there was a pre-nuptual agreement or other agreement between the parties.

Then you have the problem of valuation, you have to find out if the community added value to a non-community asset - like a home. Aaaaaand thats just off the top of my head.

Use an attorney - much easier.

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Not to avoid your question, but community property can be a semester-long course in law school, so answers are not that simple. The biggest factor is "origin of title." If property is acquired DURING MARRIAGE, it is presumed to be community property, regardless of how it is titled. That presumption of community can be rebutted if proven that the property is acquired by gift, from separate funds, or inheritance. So, the name on the title is actually not a terribly important factor.

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i concur this is not an easy question. Generally, it is property that was obtained after marriage unelss it was a gift or inherited.

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