alt.lawyers

I did address the issue, but really don't dare opine on how a Texas judge
would rule. A pre-nup or community property agreement should solve your
problem even in a state where the earnings on separate property are CP. Your
proposal to use "only separate property" would be difficult in practice
since there is almost always commingling. But if you had, say, a savings
account or CD where the interest was always paid directly to your checking
account and you always paid the mortgage from capital in that savings
account, ordinary tracing rules would suggest (under the principle of
"partial mutability" that I mentioned) that your house would remain separate
property. Commingling of SP and CP is a common situation and based on what
little I know of Texas law that poses a risk to you anytime assets earn
interest or dividends or gain in value.

But even keeping a home as separate property wouldn't keep a disgrunted
soon-to-be-ex-spouse from arguing that she should get a share of the marital
home. That's a point of Texas law I haven't time to research; just because
she makes a claim does not guarantee she will succeed in it. But litigation
does cost money and many spouses compromise rather than having to pay two
sets of lawyers. (These days, soon-to-be-ex's like to file for divorce in
England, which is particularly generous to the poorer spouse: viz. Heather
Mills and lots of "footballers' wives".)

If you want to see how the CP/SP conflict-of-laws issue works when you move
to another state or country, here are two cases:
/34na5e (Bolivia)
/alt/lawyers/ (Puerto Rico)

One solution is to set up a separate-property trust. You really should talk
to a good estate-planning lawyer for that; don't do it yourself. Another is
to stay single: AFAIK there is no palimony in Texas. But of course if you
father a child all bets are off.



On 16/02/2008 15:38, in article
5e7843e4-8ad2-41f0-9072-6b7e537a14f3@,
"hr5555@" wrote:

> Thank you very much for your great reply! Naturally, this is an area
> which I am a bit concerned about. Also, if I use some of my pre-
> marriage, separate property to purchase a house (downpayment and then
> all monthly mortgage payments coming from my separate property) after
> marriage would that house then by my separate property or community
> property? I will check out the links you provided and I want to thank
> you again for replying.