Community property question

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Community property question

Hello-

General question I live in Texas. My parents are
purchasing a house in Texas and want to include my
name on the title for the purposes of inheritance Joint
Tenant with Right of Suvivorship.. All well and good.
However, since Texas is a community property state,
if my wife divorces me not saying she would would
the portion of the house belonging to me be treated
as community property in the divorce? Im not saying
that would happen but given that the house belongs
to my parents Im trying to cover all the worst case
angles. An estate trust would be better probably but
any advice you can give would be appreciated.
Thanks

Asked on November 4, 2019 under Family Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Anything you acquire during marriage is community property in a community property state, so if your parents put you on the deed, the are giving you a share of or interest in the house--which means your spouse would have a claim to it in a divorce. A trust is probably a better option in this case, but the best idea is for you and your parents to consult with an estate planning lawyer to go over the different options and their pros and cons and come to the best solution for the three of you. You are talking about a house, something we presumably costs at least tens of thousands, if not hundreds of thousands, of dollars: it's worth the price of a lawyer to handle it right.


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