Community vs Separate Property

[Mimi]

My Dad was gifted property from his Mother while he was married. Under Texas law, since it was gifted it could be classified as separate property. However, it was the homestead of both he and my Mother and he used community property funds to improve it by building a tank. For inheritance purposes, would it be considered community property of my Dad and Mother or separate property of only my dad?

My brother and his wife have made a lease and received payment for mineral rights indicating that the Title Search showed it to be community property between my Dad and Mom.

My Sister and I were attempting to make an Oil and Gas Lease with another company but their Title Search shows it to be Separate Property of my Dad. How might we clear up this ambiguity and legally show it to have been community property of both my Dad and Mom? Would a Stipulation of Interest accomplish that?

[sclausen]

The starting point is reviewing the deed. If it reflects a gift, the property is your father’s separate property. The improvements made with community property would create a claim for reimbursement by the community estate. An attorney needs to be hired to clean up the title situation.

[Mimi]

Thank you. I would pursue with an attorney if there were hopes that it could be proven to be Community Property. If no hope, then it might be best to leave it alone.