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I SWEAR IT’s MY SEPARATE PROPERTY

On January 17, 2019

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As a general proposition, testimony is sufficient to prove most elements in a family law case if the court or jury believes your testimony.  An important exception is separate property, where mere testimony that property was purchased with separate property funds, without tracing the funds, is generally insufficient to rebut the community property presumption. Ibid. (citations omitted); see also McElwee v. McElwee, 911 S.W.2d 182, 188 (Tex. App.—Houston [1st Dist.] 1995, writ denied); Robles, 965 S.W.2d at 615-16 (where deed did not contain separate property recital and husband failed to trace origin of separate funds, court did not err in denying husband’s separate property claims to real property); Bahr v. Kohr, 980 S.W.2d 723, 730 (Tex. App.—San Antonio 1998, no pet.) (to prove character of proceeds in bank account, spouse should have provided documentation showing when account was opened and transactions in account).

Therefore, if you are going to allege separate property you are going to need to bring some documentation to court or risk the Court finding that property community and subject to division.

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