Are Gifts of Land considered Separate or Community Property?

Trying to divide property between spouses after a divorce is never easy. Emotions often run high, and there can be a lot of confusion about whether certain types of land are a community property or a separate property. In the state of Texas, there are a few basic concepts you should know before you split up any land with a partner.

What Is the Difference Between Separate and Community Property?

When a couple is divorcing under family law Corpus Christi, their resources are normally split into two different categories. Separate property is something that the spouse owns by themselves, so it cannot be used to pay the other spouse’s debt or automatically become the property of the other spouse. Communal property is something that both of the spouses own together, and it can be split between spouses in a divorce.

Does Property Gifted to One Person Count as Separate Property?

The state of Texas law states that land will be considered a separate property if it was given as a gift. However, this is not quite as cut and dry as it might seem. You need to be able to prove that the land was given to only you as a gift to qualify it as separate property. In some cases, this is clear because the title is only in your name and it was given to you specifically. In situations where the gift was a wedding gift or something from mutual friends of you and your spouse, you might need a good Corpus Christi family lawyer to convince the court that the land is a separate property.

Get Professional Help
If you are planning on getting a divorce, The Law Office of Steve Lopez, PLLC can help. Selecting a talented Corpus Christi divorce lawyer will help you to get the best possible outcome from dividing property during your divorce. Call (361) 993-9993 to schedule a meeting today.