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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 36226
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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My father deeded a texas ranch to me while he was married

Customer Question

My father deeded a texas ranch to me while he was married and this ranch is in my name. He has passed and leaves behind a wife. Do I have to worry about ownership?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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If he owned the property prior to marriage then it would be considered his separate property and he could legally transfer it to you while living without any problems. If he had passed while it was in his name, then his spouse could have a potential claim to it through her spousal rights if he had left her less than what she would inherit if he had no will.

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But since he presumably gifted it to you while living, and it was his separate property, there shouldn't be any issue with his spouse being able to claim an ownership interest.

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thanks

Barrister

Customer: replied 1 year ago.
Thank you but as asked in my question it is not separate property as he was married at the time
Expert:  Barrister replied 1 year ago.

There may be some confusion about separate vs. marital property. If he owned it prior to marriage, then unless he converted it to marital property, it remains his separate property. If he purchased is during the marriage, then it would be marital property and his wife would have a 50% interest in the property.

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You stated he deeded the property to you while he was married, but didn't specify whether he owned the property prior to marriage or acquired it after marriage.

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So whether you have any concerns depends on when he actually bought the property, not whether he was married at the time it was gifted to you...

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thanks

Barrister