Sufficiency and Separateness

Legally insufficient evidence was offered (under a clear-and-convincing proof standard, with case law that specifically addresses this evidentiary point) of an asset’s separate-property status when:

“The trial court .. questioned Moon concerning what evidence was presented at trial to show ‘that she had separate property before that got converted into the 51 percent community of Lakeside Vision.’ Moon did not cite any evidence but reiterated her contention that she would not have entered into the purchase if she had known it would be community property. The trial court noted the only evidence of tracing was Moon’s testimony regarding funds used for the purchase, but Moon and Scheef offered conflicting testimony as to the source of those funds, and Moon offered no evidence showing inception of title to the funds.”

Moon v. Scheef, No. 05-20-00105-CV (March 23, 2022) (mem. op.).