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:

Separate-Property Recitals:

If the deed includes a “separate property recital”, the property is presumed to be the purchaser’s separate property.

This is language in a deed indicating that the conveyance of the property was made to the spouse’s separate estate or that the consideration for the purchase came from the separate estate of that spouse.

Henry S. Miller Co. v. Evans, 452 S.W.2d 426 (Tex. 1970); Roberts v. Roberts, 999 S.W.2d 424 (Tex. App. – El Paso 1999, no pet).

Note: Recall the parole evidence rule will prohibit evidence to contradict the express recitals in the deed, absent fraud, mistake, or accident in the insertion of the recitals.

Bahr v. Kohr, 980 S.W.2d 723 (Tex. App. – San Antonio 1988, no pet).