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 During Marriage, One Spouse Named as Grantee.

A deed from one spouse naming the other as grantee creates a rebuttable presumption that the grantor-spouse intended to gift the property to the grantee-spouse as her separate property.

Raymond v. Raymond, 190 S.W. 3d 77 (Tex. App. – Houston [1st Dist.] 2005, no pet).

If the deed recites no consideration or only nominal consideration, it is construed as evidence of the grantor-spouse’s intention to donate the property to the grantee spouse as a gift.

Magness v. Magness, 241 S.W.3d 910 (Tex. App. – Dallas 2007, pet denied)

(Although W testified she executed deed transferring ½ interest only for purposes of refinancing, Wife did not rebut presumption of gift.).