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Only one spouse’s name on deed is it separate or community property?

As a Dallas divorce and child custody attorney at the Blacknall Firm, I often get asked about the distinction between community and separate property in the state of Texas. Specifically, people want to know if a property purchased during the marriage is considered to be community property if only one spouse’s name is on the deed.

In most cases, the answer is yes. The fact that the property was purchased during the marriage is what makes it community property, regardless of whose name is on the deed. However, there are some exceptions to this rule.

One exception is if the property was purchased with separate property funds. But it’s important to note that separate property funds are not just money earned from a job. They also include funds obtained before the marriage and inheritances.

If you need representation for your specific situation, feel free to schedule a consultation.

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