Admin

How competitive are you at different Law Schools?

Enter your LSAT and GPA scores and find out!
GPA: out of 4.0
LSAT: out of 180
Legal Forums
Legal Forums
Welcome, Guest
Please Login or Register.    Lost Password?
transmutation of separate property (1 viewing) (1) Guest
Go to bottom Post Reply Favoured: 0
TOPIC: transmutation of separate property
#7411
Samantha (User)
Gold Boarder
Posts: 199
graphgraph
User Offline
transmutation of separate property 7 Years, 2 Months ago Karma: 2  
This term, transmutation of separate property has come up in a matter i am working on. Blacks Law defines it as "when separate property is treated in a way that evidences an intent for the property to be marital property."

In my situation, one client inherited money from his parents. He kept the money in a separate bank account and periodically used the money to make mortgage payments. The ex-spouse's attorney wants to claim that the periodic payments from the separate bank account makes that separate bank account "transmutated property".

I cannot find any authority to support the opposing counsel's position. The state law is Texas. Any insist would be appreciated.
 
Report to moderator   Logged Logged  
  The administrator has disabled public write access.
#7474
Kash (User)
Senior Boarder
Posts: 75
graphgraph
User Offline
Re:transmutation of separate property 7 Years, 1 Month ago Karma: 1  
I think your defense is purely factual. If the bank account was inherited and kept separate, then the only way that the ex-spouse can claim transmutation will be if the separate bank account was used to support the marital home.

Also, Texas is a community property state, so all property is deemed owned by each spouse equally. Was the separate bank account held outside of Texas?
 
Report to moderator   Logged Logged  
  The administrator has disabled public write access.
Go to top Post Reply
Powered by FireBoardget the latest posts directly to your desktop

LegalNut Resources

Attorney jobs listings and sites with attorney salary information, attorney job search functions, and salaries by law firm.

Law school rankings show how competitive your lsat scores would be at top law schools in the US.

Law school admissions advice is available both at the LSAT forum and throughout the pre-law section, including LSAT prep options, law school personal statement help, LSAT score distributions and law school bar exam pass rates.

Copyright 2006 - 2018 Rochester Ideas, LLC. All rights reserved.