Legal Question in Wills and Trusts in Texas
Grantee: as separate property
My spouse and I purchased a piece of property from her parents a couple of months ago. I just noticed that on the 'Warrany deed with Vendor's Lien' the Grantee is my wife with the words ''as her separate property and estate''. What does that wording mean?
1 Answer from Attorneys
Re: Grantee: as separate property
The grantors intended for your wife to own it as her separate property. However, if you both paid for it out of your community property money, then it is community property. The discrepancy between the character of the property as stated on the deed (separate) and the true character of the property (community, if it was paid for out of community funds) could cause problems in the future, in the event of death or divorce. If it concerns you, then you should consult with a lawyer to clear up the true character of the title.
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