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Is home purchased with funds from inheritance considered separate property if spouse's name is on deed?

Austin, TX |

When my mother passed away, I was the beneficiary to the proceeds from the sale of her house. (Will was probated and adminstered through Travis County). The money from the sale of her home was placed in an escrow account with the title company that handled the sales transaction. At no time were funds ever made out directly to me; no money was ever deposited into any personal account of mine. Approximately 3 weeks later, using the same title company, I purchased a home using the funds from the sale of my mother's home. The title company paid the funds, which were still in escrow, directly to the owner of the home I purchased. At closing, without prior instruction from me, the title company listed my husband's name on all the documents, including the deed. Can I still claim this home as separate property/inheritance?

Attorney Answers 3


  1. It depends. Please feel free to contact me so we can further discuss.

    Best of Luck,

    John Vong
    Attorney at Law
    10827 Bellaire Blvd., Ste. 200
    Houston, TX 77072
    (832) 641-0461

    DISCLAIMER This answer is for informational purposes only under the AVVO system, its terms and conditions. It is not intended as specific legal advice regarding your question. The answer could be different if all the facts were known. This answer does not establish an attorney client relationship. I am admitted only in Texas.


  2. From the facts you described (where you use separate property to acquire an asset in the joint names of yourself and your spouse), it would generally be presumed that you made a gift to your husband (ie, one half interest is your separate property and one half interest is his separate property). Of course, in a controversy, you could present evidence that you never intended to make a gift. Or if your relationship is still amicable and your are still married, your husband could simply deed you back the property without needing to file a gift tax return or anything else.

    There are other issues you would want to discuss with an attorney (eg, whether either of you have creditor issues), but I would be happy to assist you.

    NOTICE: The foregoing is provided for general informational purposes only and is not intended to create, and should not be construed as creating, an attorney-client relationship. Legal advice that you rely upon in making important decisions should only be obtained from direct communications with a lawyer licensed in your jurisdiction after there has been a full disclosure of all of the relevant facts. That said, you should never provide information that you intend to be confidential or privileged on a forum such as this, and you should never rely on information provided here as a substitute for such legal advice. Also, please note that any U.S. tax information provided above is not intended to be used, and may not be used, for the purpose of avoiding penalties imposed under the U.S. Internal Revenue Code or for promoting, marketing, or recommending any portion of this communication to any party.


  3. Did you sign the deed with his name on it? Only retaining a good domestic law atty in
    Tx will give you the answers to the questions you ask.

    Legal disclaimer: This answer does not constitute legal advice. I am admitted to practice law in the State of Missouri only, and make no attempt to opine on matters of law that are not relevant to Missouri. This answer is based on general principles of law that may or may not relate to your specific situation, and is for promotional purposes only. You should never rely on this answer alone and nothing in these communications creates an attorney-client relationship. less

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