Can the Texas Economic Contribution Statute Be Reconciled With the Inception of Title Doctrine?

This Comment will argue that the Texas Legislature should repeal or amend the Statute because it produces results that further the inequities arising from the Inception of Title Rule, which fixes the character of the property as separate or community at the time title to the property is acquired. In addition, the Statute continues to produce confusion and uncertainties that the Texas Legislature sought to eliminate when it changed the old equitable Right of Reimbursement rule. Section II will offer a brief overview of the history of the community property system. Section III will give a summary of the old rules under the equitable Right of Reimbursement in Texas. Further, this Comment will explain the new rules under the Statute in Section IV. Sections V and VI will explain the problems created by the Statute and the proposed solutions to resolve the inequalities created by the Inception of Title Rule and the Statute