Legal Question in Family Law in Texas
Community Property
Is property that was given to me by my parents after I was married considered community property in a divorce settlement?
Asked on 5/13/05, 9:51 am
1 Answer from Attorneys
Eric Beal
Law Offices of Eric Beal
Re: Community Property
In Texas, the law is that property cannot be gifted to the community estate. Therefore, if it was truly given only to you, it would be your separate property. If it was given to you and your spouse, it is held in a joint tenancy -- each of you own 50%.
All of this assumes that you do not have any sort of pre or post nuptial agreement that would alter the law.
Keep in mind that there may be other issues involved. The tracing and identification of property as separate or community can be difficult and complex.
Answered on 5/13/05, 9:59 am