Wilson Whitaker Rynell

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972-248-8080 DALLAS
713-830-2207 HOUSTON
512-691-4100 AUSTIN
wilson whitaker rynell attorneys and counselors at law logo
972-248-8080 DALLAS
713-830-2207 HOUSTON
512-691-4100 AUSTIN

Interspousal Gifts in Texas

ATTORNEYS IN DALLAS

Addressing Gifts Between Spouses in Divorce Proceedings

Interspousal Gifts

Its far from uncommon for couples to exchange gifts throughout the course of their marriage, and many are not thinking about the effects it could take during divorce proceedings. Gifting property from one spouse to another may result in disputes if the couple decides to divorce. Interspousal gifts can cause arguments over asset ownership and the asset's value.

Property Rights in Texas Divorce Proceedings

Texas law generally considers property acquired by either spouse during the marriage as community property, with some exceptions. These exceptions include property obtained through devise, descent, or gift during the marriage. Personal injury damages awarded to a spouse during the marriage are also separate property, except when they compensate for loss of earnings during the marriage. Any property that is not community property is considered separate property, even if acquired before the marriage. Community property is subject to division during divorce proceedings, based on what the court deems equitable and just, while separate property remains the property of the spouse who owns it. This is why interspousal gifts, which are usually considered separate property if adequately proven, can create such disputes during divorce proceedings.

Interspousal Gifts and Divorce

Proving that an asset was given as an interspousal gift can be challenging, especially for items that do not require a deed or other documents to establish ownership. While it is relatively easy to establish that a spouse obtained property through devise, descent, or as compensation for a personal injury, proving that an asset was given as an interspousal gift requires "clear and convincing" evidence under the Texas Family Code. This means that evidence such as emails, text messages, transactional documents, and eyewitness accounts may be helpful in demonstrating whether property should be considered separate property.

Disagreements often arise in divorce proceedings regarding whether one spouse granted ownership rights of an asset to the other or merely permitted them to use and enjoy the property. With real property, establishing ownership is relatively easier compared to smaller assets. For example, if one spouse transfers the deed to a home to the other spouse, the transfer constitutes a gift, and a written deed evidences this transaction. The home would likely be considered the separate property of the receiving spouse if properly proven in court. Similarly, if one spouse uses their separate property to purchase a home in the name of both spouses, it can sometimes be presumed that the purchasing spouse intends to gift half of the property to the other spouse.

When one spouse makes a gift of property to the other, the gift is presumed to include all the income that may arise from that property. Therefore, it is essential to properly characterize any property acquired by either party during the marriage in divorce proceedings.

Speak with an Experienced Divorce Attorney

Although gifts are typically given with good intentions, gifts given from one spouse to another can lead to heated disagreements should the couple decide to divorce. The seasoned lawyers of Wilson Whitaker Rynell have experience in advising clients about their rights and can assist you in gathering the evidence needed to give you a strong chance of a favorable result. Our firm represents clients in divorce cases in various Texas cities, including Dallas, Austin, Houston, Fort Worth, and all cities within Dallas County, Tarrant County, Collin County, and Denton County.

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In order to best prepare yourself during the divorce process, it is vital that you have a qualified divorce attorney by your side. Our divorce law firm is dedicated to providing knowledgeable, professional, and effective legal counsel for all types of family and divorce matters. When you work with our experienced Dallas family law attorneys, you can trust that we will have your best interests in mind.

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By Leigh Whitaker January 28, 2025
Female Divorce Attorneys in the Dallas-Fort Worth Area In many instances, divorce cases are challenging and emotionally taxing experiences. For this reason, it’s common for people to prefer working with an attorney of the same gender because they feel as though the attorney can empathize and understand their situation more. At the end of the day, the gender of your attorney may not affect the outcome of your case, but it’s important to feel as comfortable as possible while navigating through the process. At Wilson Whitaker Rynell, our experienced female divorce attorneys offer compassionate and empathetic approaches while they develop a comprehensive legal strategy to represent you. Why Should You Choose a Female Divorce Lawyer? There are many reasons why hiring a female divorce attorney can help you throughout your divorce. For one, they often have experience working on issues that disproportionately affect women in divorce such as spousal support (alimony), child custody disputes, and asset division. Additionally, female divorce lawyers offer a unique level of empathy, understanding, and communication. As a result, many clients feel that they are more approachable and compassionate, which is beneficial when dealing with the emotional turmoil of the process. More importantly, female divorce attorneys are more familiar with how the court treats women in divorce cases and use this knowledge to strategically protect their clients’ interests, whether male or female. Why Our Female Divorce Attorneys May be Right for You At Wilson Whitaker Rynell, our female divorce attorneys are skilled, knowledgeable professionals, they also have many years of experience in handling complex divorce cases. Whether it’s issues surrounding custody of children, alimony, or asset division, our female divorce lawyers ensure each client receives high-quality legal advice. Our firm’s female divorce attorneys provide the highest level of personal attention, ensuring that each client’s unique needs and concerns are addressed through every step. Unique Challenges Women Face in Family Law Disputes in Texas Family law disputes can be emotionally charged and legally complex, especially for women navigating the process in Texas. Women often encounter unique challenges due to their roles in the marriage and family dynamic, particularly when it comes to child custody, child support, and the division of marital assets. Child Custody Challenges In many marriages, women take on the primary caregiving role for their children. However, when it comes to custody decisions, courts in Texas prioritize the best interests of the child over parental gender. While this often works in favor of mothers, women may still face hurdles in proving they are better suited to provide the stable environment the child needs, especially if their ex-spouse disputes custody. Factors such as work schedules, living arrangements, and financial stability can come under scrutiny. Child Support Issues While Texas law allows women to seek child support, collecting these payments can sometimes prove difficult. Women awarded child support may find themselves dealing with ex-spouses who delay payments, make partial payments, or refuse to pay altogether. Enforcing child support orders often requires legal intervention, which can add to the emotional and financial strain. Division of Marital Assets In Texas, a community property state, marital assets are typically divided equitably during divorce. Women who are awarded assets such as the family home may face challenges related to maintaining the property, refinancing a mortgage, or covering associated expenses. Additionally, women who sacrificed their careers to support their spouses or raise children may feel disadvantaged during the division of assets if their earning potential is limited compared to their ex-spouse. How Your Divorce Attorney Will Support You Each divorce case is unique, and having an experienced attorney standing by you is vital. Whether you’re dividing assets, negotiating child custody, or managing other complex legal issues, the female divorce attorneys at Wilson Whitaker Rynell are here to protect the interests of you and your family. Our attorneys will take the time to understand your unique circumstances and empower you to make informed decisions that support your career, family and future. When you choose a female divorce attorney from Wilson Whitaker Rynell, you can trust that they will: Prioritize your family’s best interests. Negotiate with integrity, ensuring fairness and transparency. Clearly explain all your options and their potential outcomes. 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