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Texas Law - Does a Gift To A Spouse Become Separate Property? A gift from one spouse to another becomes separate property of the recipient spouse. Example: Blake gives Alexis a 10-carat diamond necklace. A year later, at the divorce, Blake wants the necklace back. The necklace is now Alexis's separate property, and Alexis will in most cases be allowed to keep it. Cases: Pankhurst v. Weitinger & Tucker (1993) 850 SW2d 726. Powell (1991) 822 SW2d 181 (shares of stock given by husband to wife were wife's separate property and thus not divided; a grandfather clock given by wife to husband was husband's separate property). Welder (1990) 794 SW2d 420.
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