The Sibley Doctrine in Texas Marital Property Law
Under Texas law, when separate and community funds are commingled into a single financial account, Texas courts apply the Community Out First Rule. When withdrawals are made for general living expenses or unspecified purposes, the law conclusively presumes that community funds are withdrawn first, preserving the separate property funds until community balances are fully exhausted.
Starting Account Balances
Proven separate funds (e.g. premarital cash, inheritance, or gift) deposited into account.
Wages, earnings, or interest accumulated during marriage prior to transaction cycle.
Subsequent Transactions
Salaries, bonuses, business profits deposited during the tracing period.
Additional proven inheritance or separate property asset liquidation.
Expenditures presumed under Sibley to deplete community funds first.
Purchase of vehicle, securities, or real estate down payment to be characterized.
Calculated Post-Transaction Balances
Total Community Funds Available (Start + Deposits):
$0.00
Total Separate Funds Available (Start + Deposits):
$0.00
Community Funds Absorbed by General Living Expenses:
$0.00
Separate Funds Absorbed by General Living Expenses (if community exhausted):
$0.00
Character of Asset Purchase ($60,000):
--
Ending Separate Property Balance Remaining in Account:
$0.00
Ending Community Property Balance Remaining in Account:
$0.00