Legal Question in Family Law in Texas
I bought my house before I married. I plan to divorce my wife. Is it considered community property? She claims it was a wedding gift.
1 Answer from Attorneys
your house is separate property. However, if you made on a mortgage during the marriage, the money payments person came out of your income, and your income is community property. Technically, your house is a separate property item that owes money to the community estate.
If one gives a gift of real estate, there is a deed involved, and the deed is recorded somewhere. There's no such thing as me claiming that somebody donated a piece of real estate to me without a deed having been signed. If your wife can come up with a gift deed that has been recorded in your county, then she can claim that there was a gift. Otherwise, she can't.