Comm. Property State ? re. inter-spousal gifting a house

[rekab3136]

What is the name of your state? Texas

Married for 11 years, we bought a house 3 years ago with cash (primarily from my income), but I put the house in my wife's name only. Now I want a divorce and speaking with a local divorce attorney she tells me that it could be argued that I gifted the house to my wife, therefore it is her separate property.

FWIW, I have written the personal checks for property taxes and most general house repairs over the years and have lived in the house with my wife the entire time.

Can this house be considered a gift between spouses and would it then become her separate property?


Thank you.

[penelope10]

Originally Posted by rekab3136

What is the name of your state? Texas

Married for 11 years, we bought a house 3 years ago with cash (primarily from my income), but I put the house in my wife's name only. Now I want a divorce and speaking with a local divorce attorney she tells me that it could be argued that I gifted the house to my wife, therefore it is her separate property.

FWIW, I have written the personal checks for property taxes and most general house repairs over the years and have lived in the house with my wife the entire time.

Can this house be considered a gift between spouses and would it then become her separate property?


Thank you.

May I ask you why you put the house in her name only?

[rekab3136]

Certainly. Well it had to do with a lot of self esteem issues on her part. I prior to our marriage had a 2nd house/property in my name only which I sold last summer. I felt it would make her feel that the assets were more "evened out", and I thought since it was a Community Property state it would not make any difference legally.

Yes, it wasn't probably the best thing to do, it sounded perfectly benign at the time.

Thanks.

[tranquility]

Transmutation of community to seperate requres written evidence of intent. A deed seems like good evidence of intent.

The payment of mortgage would give the community ownership rights, but not the payment of taxes or repairs will not. However, there may be a reimbursement to the community for those amounts.

Can the house be considered gifted? Yes. Certainly. Will it? It depends on how you argue it to the judge and what other evidence is presented.