Understanding Community Property in Kaufman County
When couples divorce in Texas, one of the biggest challenges is how to divide their property. Texas is a community property state, meaning that most assets acquired during a marriage belong to both spouses equally. However, certain assets—such as inheritance or gifts—may be classified as separate property, which belongs only to one spouse.
In the case of Graham v. Graham, the 86th Judicial District Court in Kaufman County ruled on a dispute over a bank account that contained both community and separate funds.Â
➡ Learn more about how Texas divides property in a divorce- Guest & Gray Family Law – Property Division
What Was the Dispute?- Community Property In Bank Accounts
Ricki and Donald Graham were divorcing in Kaufman County and needed to divide their marital assets. A key issue in their case was the money in a bank account. The Kaufman County trial court ruled that:
- 60% of the money in the account was Donald’s separate property.
- 40% was community property, which was split equally between both spouses.
Ricki disagreed with this decision and appealed, arguing that the entire account should have been considered community property.
➡ Thinking about filing for divorce in Kaufman County? Start here: Guest & Gray Divorce Lawyers
The Dallas Court of Appeals' Decision
The Dallas Court of Appeals (Fifth District of Texas) reviewed the case and upheld the Kaufman County trial court’s ruling. The appellate court found that Donald successfully proved that a large portion of the account contained his separate property—money he inherited from his father.
Ricki’s argument rested on three main points:
1. The money was commingled (mixed together), making it impossible to separate community and separate property.
2. Donald only provided his own testimony as proof, without other supporting evidence.
3. A portion of the funds ($19,658) came from an IRS tax refund, which she claimed was community property.
The court rejected these arguments for the following reasons:
- Donald provided sufficient documentation and testimony to show that his inheritance funds were separate property.
- Even if Donald’s testimony was the only evidence, uncontested testimony can still be enough to prove separate property under Texas law.
- Regarding the tax refund, the court found that the refund came from taxes Donald paid using his inherited funds, meaning the refund itself was also his separate property
Key Takeaways for Divorce and Property Division in Kaufman County
1. Community vs. Separate PropertyÂ
- Community property includes most assets acquired during the marriage.
- Separate property includes inheritance, gifts, and assets owned before marriage.
- If property is mixed (commingled), the spouse claiming separate ownership must prove which portion is theirs.
➡ Learn more about community vs. separate property: Guest & Gray Property Division Guide]
2. Proving Separate Property
- The spouse claiming separate property must provide clear and convincing evidence to prove ownership.
- This can include bank statements, inheritance records, or testimony.
- If separate and community funds are too mixed to separate, the court assumes the money is community property.
3. Why This Kaufman County Case MattersÂ
This case shows how Texas courts, including Kaufman County and the Dallas Court of Appeals, analyze property division disputes and highlights the importance of maintaining records if you want to claim certain assets as separate property. If you're facing a divorce and have assets you believe should remain yours, work with an experienced Kaufman County family law attorney** to protect your interests.
For guidance on your Kaufman County divorce case, contact Guest & Gray Law Firm today.
Guest and Gray is a brand partner of InForney.com