Seperate Property Lien

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Latest post Wed, Nov 2 2016 11:10 AM by MasterBlaster1. 19 replies.
  • Tue, Nov 1 2016 2:50 PM In reply to

    • Drew
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    • Joined on Thu, Mar 30 2000
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    Re: Seperate Property Lien

    Wild guess...there may be a presumption that the award is community property and it is your burden to prove otherwise...see kyles v Kyles.

    there may be a presumption that thenproperty you squandered on a paramour is community property..and your burden to prove otherwise.

    NO clue is a mere instruction to jury constitutes a definitive answer as to status of the award. 

     

     

     



  • Tue, Nov 1 2016 4:11 PM In reply to

    Re: Seperate Property Lien

    In the event of a dispute, the burden is always on the proponent of separate property to prove same.  A jury instruction will be meaningless in this regard, but there's probably ample evidence in other documentation regarding a settlement or judgment that included "pain and suffering" damages.  Once the purpose of the award is established it's simply a matter of proving that it was never commingled.

  • Wed, Nov 2 2016 8:23 AM In reply to

    Re: Seperate Property Lien

    MasterBlaster1:

    None of the above.

    I am more concerned if the court can put a community lien based on the seperate property that is no longer available. I have to come up wth a defense for this.

    If my (1) is incorrect, then more explanation is definitely needed.

    If instead (1) is true, then I read your situation as being about a creditor (your ex) attempting to collect on a debt (unpaid spousal support), in which case the distinction between community property and separate property isn't relevant because both your separate property and your share of the community property belong to the debtor (you) and are therefore subject to collection efforts unless specifically exempted by law (e.g. your homestead).

    If your spousal support payments were calculated based on your supposed ability to pay out of your jury award, then you might want to explore whether you can request a modification due to your changed circumstances.  You will almost certainly still owe all the payments that were due before you file for your modification.  It's my understanding that modifications always apply to the future, not the past.

    I googled "community lien in Texas" and nothing came up to suggest that this terminology has a special meaning in Texas law, so I don't have the knowledge to help you with that.

  • Wed, Nov 2 2016 10:36 AM In reply to

    Re: Seperate Property Lien

    You would be correct, The UJI was only meant to be a portion of the evidence to show the verdict. I have the verdict form signed by the judge that exlicitly says this "JUDGMENT IS HEREBY ENTERED on the Jury’s verdict .......for emotional distress damages"

    along with the finding of facts and conslusions of law that says this:

    Normal 0 false false false EN-US JA X-NONE

    On xxx-xxx-xxx, the jury returned a verdict in favor of Plaintiff finding

    Normal 0 false false false EN-US JA X-NONE

    a.   &nbs... The XXX conduct caused emotional distress to Plaintiff.


     

  • Wed, Nov 2 2016 11:10 AM In reply to

    Re: Seperate Property Lien

    I wasn't being clear enough. There is no order or award of spousal support at this time. I am preparing my defense for when the time arises when that particular claim is made. In my state spousal support is not easy to get and rarely given. Even if given it is usually only for 24 months at the most unless you have been married for more than 20 years which doesn't apply to me. 

    I am in New Mexico I put in the wrong zip code and updated it. I kept wondering why everyone kept saying Texas. 

     

     

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