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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.

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