by James Evans - December 30th, 2010
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:
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.
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.
James W. Evans is a board-certified family law attorney and the founder of Evans Family Law Group. With over 25 years of experience, he has built a reputation as a trusted advocate for Texas families navigating divorce, custody, and complex family law matters.
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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Attorney James Evans, who has more than 20 years of legal experience as a family law attorney.
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