Is a money judgment for breach of contract of sale of one's separate
property considered separate property in a divorce proceeding?

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Request for Question Clarification by serenata-ga on 29 May 2004 13:15 PDT

It would help to know the state in which this applies.

Thanks,
Serenata

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Clarification of Question by drjay-ga on 29 May 2004 17:16 PDT

The sale of separate property and the divorce both occurred in Texas.
Judgment for $1,127,000 confirmed by 5th Court of Appeals against both
a corporation and an individual. Separate property was a corporation
founded in 1963 and sold in 1993, two months after marriage.

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Request for Question Clarification by serenata-ga on 29 May 2004 17:33 PDT

Texas is a community property state. Was there a Pre-Nuptial Agreement
with a clause about separate property?

Since the sale of the property was realized after the marriage
occurred, was there an acknowledgement within the Divorce Decree of
Order regarding the proceeds from that sale? - This is regardless of
when the Court of Appeals upheld judgment from the sale of the
corporation.

Those details would be helpful as well.

Thanks,
Serenata

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Clarification of Question by drjay-ga on 30 May 2004 12:09 PDT

There was no pre-nuptial agreement and the Court has not yet acted.
The issue in Texas is "what constitutes community property and what is
separate property?" The Court must determine the status of income from
the sale of one spouse's separate property before it can rule.
Incidentally, I am prepared to pay more for a credible answer.
Thanks