Texas Divorce Attorney Blog
Under Texas family law, community property is the property acquired by either spouse during the marriage that is not separate property. Separate property includes property a spouse owned or claimed before the marriage, property acquired by gift or inheritance during the marriage, and recovery for personal injuries, except recovery for lost earning capacity during the marriage. In a recent case, a former wife challenged a property division characterizing certain property as the husband’s separate property.
According to the appeals court, the parties got married in 2018. The husband inherited about $650,000 from his mother during the marriage. He bought a pickup truck and a home with those funds. The title and the deed each listed both parties as owners.
The husband petitioned for divorce in January 2023, asking the court to confirm his separate property and order reimbursement for the home and the pickup truck. The wife alleged both the truck and property were part of the community estate.
The Trial
The husband testified he bought both with his inheritance and no funds from any other sources were used. He said that his mother “absolutely” did not intent to give anything to the wife and they complied with her wishes. He said he never told the wife the home was a gift.
The wife’s sworn inventory identified the truck and residence as community property and stated she did not have any separate property. She testified that the husband’s mother intended the inheritance to go to both of them, but offered no supporting evidence. The court sustained the husband’s objection to the wife’s testimony he intended to gift the residence to her because there was a lack of supporting allegations and she had not identified any separate property in the inventor.
The husband testified the wife had hacked his accounts, falsified messages and improperly used his financial information.
The trial court awarded the home and truck to the husband as his separate property.
The Wife’s Appeal
The wife appealed arguing that there was a presumption the husband intended to gift half of the truck and residence to her when he included her name on the titles. She further argued that he had not shown there was no intent to gift the property and therefore had not rebutted the presumption.
The wife did not object when the husband testified that they agreed to comply with his mother’s wishes regarding the inheritance. According to his testimony, the mother did not intend to give the wife anything. He also testified that he never said the home was a gift.
The wife did not provide any supporting evidence that the mother intended the inheritance for both parties. Furthermore, she had characterized the property as community property in her inventory. The trial court sustained the husband’s objection when she tried to testify in a way that conflicted with her inventory.
The appeals court found no abuse of discretion in the trial court’s characterization of the residence and truck as the husband’s separate property. The appeals court concluded the husband’s testimony constituted sufficient evidence to rebut the gift presumption.
The appeals court affirmed the divorce decree.
Call a Texas Family Law Attorney
Property divisions can be complex when property has been purchased with one spouse’s separate property. If you and your spouse have significant assets that were purchased with an inheritance, gift, or other separate property, a skilled Dallas divorce lawyer can advise you on your rights and options. Schedule a consultation with McClure Law Group by calling 214.692.8200.
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