Community property question

UPDATED: Oct 2, 2022

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Community property question


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.

Asked on November 4, 2019 under Family Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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