In a case where the husband sought reimbursement for his separate estate paying the mortgage on a community property house, the court in Day v. Day, No. 04-23-00476-CV (Tex. App. – San Antonio, 6/20/2024)(mem. op.) held:
In the present case, the marital home was purchased during the marriage, and the parties do not dispute that the home constitutes community property. Additionally, during the parties‘ separation, it is undisputed that the parties‘ child resided in the home with Melissa. Generally, a marital home remains community property throughout a marriage, even during periods of separation. Thus, at the time the mortgage payments were made during the parties‘ separation, the presumption existed that the mortgage payments were made with community funds. As the party seeking reimbursement, Tommy had the burden to show by clear and convincing evidence that he did not use community funds to pay the marital home mortgage while he and Melissa were separated. Tommy’s brief does not direct us to any evidence in the record that clearly and convincingly establishes his claim. Accordingly, the trial court did not abuse its discretion in denying Tommy’s claim for reimbursement.
(citations omitted).