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Property Not Subject to Characterization

General Rule: Property of A Partnership. Generally, property of the partnership is owned by the partnership and not subject to being characterized as either community or separate. For example, capital contributions and retained earnings are considered partnership property, and not…

Non Divisible Benefits (Social Security)

Social Security Benefits Social Security Benefits are preempted by federal law from being characterized as community property. Richard v. Richard, 659 S.W.2d 746 (Tex. App. – Tyler 1983, no writ): court held that social security benefits could not be ordered…

Non Divisible Benefits (Railroad Empoyees)

Tier 1 Benefits for Railroad Employees Railroad employees are not eligible for social security and their retirement benefits are divided into Tier 1 and Tier 2 benefits. Tier 1 benefits are basically equal to the amount the railroad employee would…

Non Divisible Benefits (Insurance)

National Service Life Insurance & Servicemember’s Group Life Insurance Life insurance policies issued under the National Service Life Insurance Act and the Servicemember’s Group Life Insurance, to members or veterans of the armed services, are preempted from characterization. Wissner v….

Non Divisible Benefits (Military)

Military Disability Benefits under Chapter 10 & Disability Ratings. Servicemembers suffering from a disability can elect to receive military disability benefits under Title 10 Chapter 61 U.S.C. Unlike VA Disability Benefits, not all military disability benefits received under chapter 61…

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