Category: Property

But That Car Was Mine Before We Got Married?

When you are going through a divorce, the issue of who owns what property may arise.  Marital property is characterized based on when and how it was acquired. This is called inception of title; when a party has first right of claim to the property. In Texas, there is a presumption that property other than separate property acquired by either spouse during the marriage is owned by both spouses and is “community property.”  Separate property is property owned or claimed before the marriage, and property that was inherited by a spouse, gifted to a spouse, or acquired from a personal injury suit.

I’ll answer the title of this blog post’s question above with an example using inception of title, tracing and mutation. Husband and Wife were married for four years. During the marriage, they purchased a brand-new sportscar “together.” When Husband and Wife decided they could not reconcile and needed a divorce, Wife wanted to keep the sportscar.  Husband claimed the sportscar was community property and not Wife’s to keep, because it was purchased during the marriage. But Wife remembered that she sold her truck to purchase the sportscar. Wife’s attorney determined that Wife owned the truck before she was married to Husband and that it was her separate property. Then, Wife’s attorney traced the money from the sale of the truck and found that the money from the sale of the truck was directly used to purchase the sportscar. Therefore, because Wife’s separate property was used to purchase the sportscar, the sportscar is Wife’s separate property. Wife acquired the truck before marriage, sold it during the marriage to purchase the sportscar and used the funds from the sale of the truck to purchase the sportscar.

 

Written by: Jordan Watson, 3L

Pets: Property or Part of the Family?

Divorces are usually an emotional roller-coaster for both parties. Not only are the parties parting ways, but they might also be parting with property. But what happens when that “property” is part of the family?

Family units keep evolving and therefore so should the law. More and more couples opt for pets instead of children or pets first, then maybe children. These pets then become part of the family or are seen as an additional child. But if this pet is more than just “property” what happens to it during a dissolution of marriage? There is not a Suit Affecting Parent-Child Relationship (“SAPCR”) for pets like there is for children. So then how do you “split” a pet when both parties have an interest in keeping it?

There are currently, 3 states in the U.S. that have adopted custody laws that allow judges to consider the best interest of the animal. This means that judges in Alaska, Illinois, and California won’t simply consider the pet a piece of property any longer but may determine who can keep the family pet. Animals feel pain and love and as such should have their best interest taken into consideration. When making a decision, judges may take into consideration factors that could affect the welfare and well-being of the pet such as who cares for, trains, walks/plays with it, and whether one neglects or even mistreats the animal. There are also protection orders, commonly used in domestic violence cases, that can be put in place while the divorce is pending.

Current California law AB 2274 was signed on September 27, 2018 and went into effect on January 1, 2019, specifically, it provides for joint custody of pets. Before, animals were not treated differently than inanimate objects, but AB 2274 now differentiates companion animals from other types of property. Although these animals are still classified as personal property, California law is adapting to the way people view pets as family. Would this then mean that in the future enforceable pet support and medical support and decisions could also be in play?

It is likely that these states will provide guidance and encouragement for other states to incorporate similar laws involving the best interest of pets. Unfortunately, the current laws only apply to divorce proceedings and not to roommates.

Once an animal is welcomed into a home and becomes part of the family, it is difficult for someone to accept that they might have to part ways from it. Families build meaningful relationships with pets that should be taken into consideration during the dissolution of a marriage. Family units keep evolving and therefore so should the law.

Written by: Jaqueline Obregon