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Non Divisible Benefits

VA Disability Benefits VA benefits are preempted by federal law from being characterized as community property. A servicemember’s right to elect to receive VA disability benefits, in exchange for waiver of some or all of retired pay, can have the…

Crops and minerals & Homestead Protection

As long as crops are growing on the homestead property they benefit from the homestead exemption. Bailey v. Oliver, 9 S.W. 606 (Tex. 1888). Oil, gas, and minerals belonging to the property that is a homestead are also a portion…

Crops

Crops do not get their character from the underlying land and are treated as personal property, regardless of the character of the underlying land on which they are planted. Thus, crops planted on real property during marriage are community property,…

Oil & Gas Interests

Oil and gas are considered a part of the corpus of the real property and have the same character as the surface estate. Royalties and bonuses paid have the same character as the land from which they are extracted. They…

Refinancing the loan on separate property

Refinancing the loan on separate property, during the marriage, does not change the property’s character but likely creates a claim for reimbursement. In re Marriage of Jordan, 264 S.W.3d 850 (Tex. App. – Waco 2008, no pet). Property of the…

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