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 separate or community. If acquired before marriage by any method, or after marriage by gift, devise or descent, it is separate property; otherwise it is community. There are only two exceptions. Property purchased with separate funds is separate property and community property partitioned in the manner provided by statute. (Hilley v. Hilley, 161 Tex. 569 [ 342 S.W.2d 565 ].) Where property is purchased partly with community and partly with separate funds of one of the spouses, it has the effect of creating a kind of tenancy in common between the community and separate estates, each owning an…