Legal Question in Family Law in Texas

My parents gave me a house (in my name). I was married at the time but the deed was only in my name and I had lived in the house many years before that when it was in their name., A few years later I had my husband's name added to the deed. If we divorce, is he entitled to it or since it was a gift to me and i lived there before we married, can i keep it?


Asked on 4/20/10, 10:35 am

1 Answer from Attorneys

Since you have since put your husband's name on the deed, there is a very good chance that he will argue that you have "gifted" the house to the marriage, thereby making the whole house (which was previously your own separate property) into a "community asset," subject to division by the Court (i.e. 50/50). If you added him to the deed as part and parcel of a refinance (in other words, if you could not have refinanced your home without his name being on it), that could provide some evidence to discredit his claim that you gifted your house to the community estate, but even then you will need pretty clear evidence that the refi was the ONLY reason he ended up on the deed.

If you are considering divorce, I would discuss your situation with an experienced family law attorney. He or she may be able to help you convert your house back into your own separate property, which may help protect your interests should you ever actually file for divorce.

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Answered on 4/25/10, 2:02 pm


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