pjc-family-2024-lib

PJC 202.3

C HARACTERIZATION OF P ROPERTY

PJC 202.3 Gift, Devise, and Descent “Gift” means a voluntary and gratuitous transfer of property coupled with delivery, acceptance, and the intent to make a gift. A third person may make a gift to one spouse or to both spouses. If the gift is made to one spouse, that spouse owns the gift as separate property. If the gift is made to both spouses, each spouse owns an equal undivided separate-property interest in the gift. A spouse may make a gift to the other spouse, in which event the gift includes all the income and property that may arise from that gift unless the evidence establishes a different intent of the donor at the time of the gift. “Devise” means acquisition of property by last will and testament. “Descent” means acquisition of property by inheritance without a will. COMMENT Source. The definition of the word “gift” in the first paragraph of the foregoing instruction is derived from Hilley v. Hilley , 342 S.W.2d 565 (Tex. 1961), and Kiel v. Brinkman , 668 S.W.2d 926 (Tex. App.—Houston [14th Dist.] 1984, no writ). The instructions in the second paragraph are based on White v. White , 590 S.W.2d 587 (Tex. App.—Houston [1st Dist.] 1979, no writ). The third paragraph is based on Tex. Const. art.XVI, §15, and Tex. Fam. Code §3.005. Definitions of the terms “devise” and “descent” are based on common usage. When to use. If property acquired by gift, devise, or descent is in issue, the por tions of the foregoing instruction that are relevant to the particular case should be given with PJC 202.1 (separate and community property). Unequal gift. The foregoing instruction does not address the situation in which the issue is whether the donor made an unequal gift to the two parties.

46