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Rebuttable Presumptions of Separate Property

Though property purchased during the marriage is presumed community property, a rebuttable presumption of separate property may apply when acquiring real estate during marriage as follows:

Purchased with Separate Property, But Both Spouses Named as Grantees.

When the purchase is made with separate property funds, but both spouses are named as grantees, a presumption arises that the acquiring spouse intended to give the other spouse a separate ½ interest in the property.

This presumption can only be rebutted by clear and convincing evidence that the acquiring spouse did not intend to gift the ½ interest to the other spouse.

Cockerham v. Cockerham, 527 S.W.2d 162 (Tex. 1975).

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