How can I make sure that my son’s house is not considered community property in a divorce?

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How can I make sure that my son’s house is not considered community property in a divorce?

My husband I gave our son a large amount of money to help purchase a house. He is divorced but if he remarries, I want to protect himself and ourselves from the loss of that investment. We gave the money to him and for our 2 young grandsons. I do not want the house to be considered community property and his future wife gets half the value. Giving that money was not in support of someone else. Wondering what document that we should sign to insure that. I tried looking online and it seems that if property is bought before the marriag, it is all his but then some wording on being fair to parties and not making a hardship on one, so am unsure.

Asked on January 30, 2017 under Family Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If your son buys a house, he should just make sure that it is in his name solo.  I would suggest that he purchase the house completely before he gets remarried and have only his name on the deed, even if he remarries.  This will preserve the "separate property" nature of the asset.
Where things tend to get messy in separate property assets is in the title and financing.  If he finances any part of the purchase price with a new wife, then she may be able to assert that they purchased it together and it is thereby community property....even if her name is not on the title.  If he finances it only in his name, but he then remarries and community funds are used to finish paying off the balance of the mortgage, then the new wife could make a reimbursement claim.  This is where wife tells husband, "pay the community estate back what it paid to help your separate property." 
I know it's a little immoral, but he is better off just staying "boyfriend - girlfiend" until all of his assets are clear and free in his name.....and then keep them in his name after he says "I do" to wife number two.  Tackle him at the courthouse door if he tries to add her name to anything out of the old fashioned notion that "he loves her and wants to share with her."  If he does....he'll share a lot more than he wants to down the road if/when she decides to file for divorce.


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