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?
Divorce / Separation Lawyer
It depends. Please feel free to contact me so we can further discuss.
Best of Luck,
Attorney at Law
10827 Bellaire Blvd., Ste. 200
Houston, TX 77072
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.
Estate Planning Attorney
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.
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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