Property Ownership
In Texas, when community property is sold and the proceeds are used to purchase a new property during marriage, the new property is:
AAutomatically separate property of the spouse who signed the deed
BCommunity property unless the couple executes a valid partition agreement making it separate property✓ Correct
CSeparate property if only one spouse is named on the deed
DOwned 60/40 by the working spouse and non-working spouse
Explanation
Under Texas community property law, property purchased during marriage with community funds is community property, regardless of whose name is on the deed. To make it separate property, spouses must execute a partition or exchange agreement as provided in the Texas Family Code. The source of funds (community vs. separate) typically determines the character of the property.
Related Texas Property Ownership Questions
- In Texas, a property owner sells the surface but reserves '50% of the minerals.' This reservation means:
- Texas real estate can be held by a corporation or limited liability company (LLC). When real property is sold by an LLC, the deed must be signed by:
- Texas is a community property state. Property acquired by a spouse during marriage is generally classified as:
- Which of the following is an example of an appurtenance that transfers with the sale of real property?
- Under Texas law, when property is condemned by the government through eminent domain, the landowner is entitled to:
- In Texas, a 'fee simple absolute' estate is the highest form of property ownership because:
- Under Texas Property Code, which type of co-ownership automatically includes the right of survivorship without requiring specific language in the deed?
- A Texas property with an oil and gas lease has a 'royalty interest.' The royalty interest owner receives:
Practice More Texas Real Estate Questions
1,500+ questions covering all exam topics. Start free — no signup required.
Take the Free Texas Quiz →