Q: Am I entitled to part of a gifted house in a divorce?
I am in Texas, and my mother-in-law gifted a house to my wife and me because she didn't want to pay property tax, and I am exempt. Both my wife and I are on the deed, and I have renovated the flooring and painted the entire house. Although my wife has not made any financial contributions toward the property, the transfer was documented by a lawyer. As we are considering divorce, am I entitled to a portion of the house?
A: It depends. Everything is presumed to be community property unless there is clear and convincing evidence that the property is separate. If she alleges it's her SP, then she has to prove it. Your spouse would have to prove that the gift was only to her and not to you both. If the judge concludes that it is her separate property, then you might have a claim for reimbursement if community property funds were used to improve her separate property.
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