Legal Question in Real Estate Law in Texas
Community Property
Prior to marriage a single male signs a contract to purchase a farm. 3 years later he marries and 10 years later pays off the note. He now owns the property. Her name never appears on the deed. In the state of Texas is this now considered community property even though her name does not appear on any legal document?
Asked on 6/28/02, 8:33 am
1 Answer from Attorneys
Michael Dover
Michael A. Dover, PC
Re: Community Property
No, real estate acquired prior to marriage is separate property. The community has a right of reimbursement for community funds expended in paying the note, upkeep of the property, etc. Any income from the property after marriage is community property, although it is a special type of community property called sole management community property.
Answered on 6/28/02, 9:34 am