In the course of courtship and Marriage, there will be many promises made. Both parties are not thinking about the possibility of divorce when they are in love.

Since they are in a blissful state, they would often give gifts without condition. If a husband buys a car before their marriage, with the intention to use it as their family car, can he take it back when they are divorced? 

Separate Property

While the state of Texas upholds community Property, it also acknowledges separate property obtained before the marriage, and after the separation. Inheritance and gifts from a third party are personal or separate property. There are also any payments to an individual as remuneration for personal injury or suffering. 

If the couple has legally recognized pre-nuptial agreements with regards to certain money or property, then these will be honored. 

Texas Law on Gifts and Inheritance

If there are gifts given by one spouse to the other prior to marriage, then it could be ambiguous. The recipient could say that it was “obtained” prior to the marriage, but the other spouse could say that it was he or she that made the purchase. 

A deed of sale or equivalent can provide clarity on who owns who. This is especially true for real property.

The property transferred before the marriage is separate property. It will fit the definition of a property obtained before the marriage.

Is the Property Returned upon Divorce?

If it is a separate property, then the discretion would be with the legal owner. Unless there is an agreement to return the property in case they divorce, there is no legal obligation for the recipient to return the property to the one who gave it.

Gifts without Individual Ownership Titles

Gifts from the spouse before the marriage is generally separate property. Any gifts that were given between the ex-spouses to each other during the marriage is, however, community property. Such property is subject to the division of property proceedings presided by the judge. Neither the recipient nor the giver can claim separate property rights. 

The post Can I Promise Things Before Marriage and Take Them Back if We Divorce? first appeared on Texas Divorce and Family Law Blog.

The post Can I Promise Things Before Marriage and Take Them Back if We Divorce? appeared first on Texas Divorce and Family Law Blog.