Posted on: 08th Jun, 2009 01:51 pm
Does a deed conveying 1/2 interest from H to W convey separate property or community property?...Man owns home as separate property. Gets married. H conveys W 1/2 interest in home via warranty deed. The deed does not state that the 1/2 interest conveyed is to be her sole and separate property nor does is specifically state it is a gift. Because the presumption in Texas is that all property acquired during marriage is community property, is the 1/2 interest conveyed to wife community property or her separate property?
Hi tricia_peterson,
Property acquired before marriage will be considered as a person's separate property. But as the husband has added the wife to the property deed after marriage, it will be considered as a community property.
Thanks
Property acquired before marriage will be considered as a person's separate property. But as the husband has added the wife to the property deed after marriage, it will be considered as a community property.
Thanks
yes it is a community property
Thanks. Husband died and now there is a dispute as to what widow receives. The husband intended to give wife an undivided 1/2 interest as separate property (so they would each own 1/2), but based on the replies it appears he gave her an community property 1/2 interest, which equates closer to a 1/4 interest.
Hi Tricia
Did the husband and wife signed any kind of document which gives 1/2 of the property as a wife's separate property? If yes, then things can be different. Contact a real estate attorney and get his opinion in this regard.
Thanks.
Did the husband and wife signed any kind of document which gives 1/2 of the property as a wife's separate property? If yes, then things can be different. Contact a real estate attorney and get his opinion in this regard.
Thanks.