Harding v. Harding

This is an appeal by plaintiff from that portion of an amended interlocutory judgment of divorce which decreed that certain real property located in Texas was the community property of the parties.

The parties concede that in the ease at bar the determination of whether the subject property is community or separate property is controlled by Texas law. (See Commissioner of Internal Revenue v. Skaggs, 122 F.2d 721, 723; Tomaier v. Tomaier, 23 Cal.2d 754, 759 [146 P.2d 905]; Rest., Conflicts of Laws, § 238; Note 15 So.Cal. Law Rev. 240, 242. )

Under Texas law, all marital property is either…