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Richard, Attorney
Category: Legal
Satisfied Customers: 55591
Experience:  Attorney with 29 years of experience.
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I would like to gift my niece a house she is separated from

Customer Question

I would like to gift my niece a house she is separated from her husband not divorced can her husband take it from her
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: texas
JA: Has anything been filed or reported?
Customer: no she has been living in this house for 2 years rent free and separated from her husband for 125 years
JA: Anything else you want the lawyer to know before I connect you?
Customer: 15 years
Submitted: 11 months ago.
Category: Legal
Expert:  Richard replied 11 months ago.

Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

Expert:  Richard replied 11 months ago.

This is a pretty simple process. You would do this by signing a Quit Claim Deed transferring title to her in her name as her sole and separate property. You would sign this Deed, have it witnessed and notarized, and then record it in the real property records of the city/county where the property is located. Let me know if you need a form for the Quit Claim Deed. Assets received by a gift do not count as community property; rather, such assets are the recipient's sole and separate property and are not divisible upon divorce. You just want to make sure that she doesn't add him to the title after it's gifted to her. If you think there might be a possibility of this, you might want to either transfer it to a trust for her benefit or wait until they divorce.

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