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The major distinctions between characterizations of found property turn on questions of fact, i.e., an analysis of the facts and circumstances in an effort to divine the intent of the true owner at the time he or she parted with the property. See generally 1 Am. Jur. 2d Abandoned, Lost and Unclaimed Property §§ 1-14 (1994). The material facts and circumstances surrounding the discovery of the gold coins are not in dispute. However, the characterization of that property, in light of these facts, is a question of law over which we exercise free review. Schley v. Couch, 155 Tex. 195, 284 S.W.2d 333, 336 (Tex. 1955) (While the character of property is determined from all the facts and circumstances in the particular case of the property found, the choice among categories of found property is a question of law.); see also Batra v. Batra, 135 Idaho 388, 392, 17 P.3d 889, 893 (Ct. App. 2001) (The characterization of an asset as separate or community, in light of the facts found, is a question of law.).
At common law all found property is generally categorized in one of five ways. See Benjamin v. Lindner ...
