Legal Question in Family Law in Texas

Inherited property or gift from relative property

When getting a divorce if a person has family land/house that was given to them by parent and the land is now in the childs name, is it considered community property? Can the spouse be intitled to some of it? Even if it was given to the child after he was already married?


Asked on 10/13/05, 3:45 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

Re: Inherited property or gift from relative property

When getting a divorce if a person has family land/house that was given to them by parent and the land is now in the childs name, is it considered community property? Can the spouse be intitled to some of it? Even if it was given to the child after he was already married?

I assume you mean the following -

A parent gives their grown child a house as a gift. The house is in the grown child's name.

Even if married, that is a separate property gift.

In Texas most things are community property if acquired DURING the marriage. However, if someone inherited or was given a gift, then it is their separate property.

For example,

Husband gives wife a necklace, separate property.

Wife gives husband a power drill, separate property.

Husband buys a house during marriage, only his name is on it, community property.

Husband inherits $1 million dollars from his mother, separate property.

Wife starts a business during marriage that makes $1 million a year in sales, community property.

However, what might have started as separate property may have become community property in some circumstances.

Also, there is "reimbursement issues" possibly.

Hire an attorney to help you through this potential minefield.

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Answered on 10/13/05, 10:32 pm


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