Gifts of Property During Marriage in Texas

A gift is a voluntary transfer of property to another made gratuitously and without consideration. Hilley v. Hilley, 161 Tex. 569, 575, 342 S.W.2d 565, 569 (1961); Panhandle Baptist Found., Inc. v. Clodfelter, 54 S.W.3d 66, 72 (Tex. App.-Amarillo 2001, no pet.). The elements of a gift are:

(1) the intent to make a gift;

(2) delivery of the property; and

(3) acceptance of the property.

Sources: Clodfelter, 54 S.W.3d at 72; Roberts v. Roberts, 999 S.W.2d 424, 432 (Tex. App.-El Paso 1999, no pet.).

A spouse may make a gift of separate property to the other spouse. Roberts, 999 S.W.2d at 432. A deed for property from one spouse as grantor to the other spouse as grantee creates a presumption the grantee spouse received the property as separate property by gift. Raymond v. Raymond, 190 S.W.3d 77, 81 (Tex. App.-Houston [1st Dist.] 2005, no pet.); Roberts, 999 S.W.2d at 432. The presumption may be rebutted by proof the deed was procured by fraud, accident, or mistake. Raymond, 190 S.W.3d at 81; Roberts, 999 S.W.2d at 431.