FAQs About Wills

The Characterization of Real Estate Purchased With Separate Property During Marriage

by Rania Combs

A reader asked a very interesting question recently after reading my article on the characterization of property in Texas.

He asked whether a house purchased during a marriage wholly with the husband’s separate property will be classified as separate or community property if title is taken in the name of both husband and wife.

When a spouse purchases real property during a marriage with separate property, but takes title to the property in the name of both spouses, there is a presumption that the spouse has made a gift to the other spouse of one-half interest in the property. However, the presumption is rebuttable by evidence that shows a gift was not intended.

About Rania

Rania graduated magna cum laude from South Texas College of Law Houston and is the founder of Rania Combs Law, PLLC. She has been licensed to practice law since 1994 and enjoys helping clients in Texas and North Carolina create estate plans that give them peace of mind.

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