Cari Brownlee

Are gifts to me while I am married considered my separate property?

In Contested Divorces, Uncontested Divorces on April 28, 2011 at 7:41 pm

When individuals come to me to talk about getting a divorce, I am often asked what is considered separate property. Texas Family Code section 3.001 defines separate property as “(1) the property owned or claimed by the spouse before marriage; (2) the property acquired by the spouse during marriage by gift, devise, or descent; and (3) the recovery for personal injuries sustained by the spouse during marriage, except any recovery for loss of earning capacity during marriage.”

Therefore, property owned prior to marriage is separate property. Gifts given to you is your separate property. However, a  joint gift to you and your spouse, such as a wedding gift, is considered one-half undivided separate interest in the gift for each.


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