QUESTION
If I got an inheritance and I get divorced is my spouse entitled to that money
Asked on Jan 01st, 2023 on Wills and Probate - Texas
More details to this question:
I got an inheritance from my deceased father if I get divorced is she entitled to any if that money got inheritance in 2009
1 ANSWER
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Hello,
While the specifics will vary, the general answer is no, your spouse would not be entitled to any money you inherit. In Texas, inheritance is considered separate property and therefore your spouse has no rights to it. However, the big exception to this is if you "commingle" the funds. For example, if you inherit the money from your father, place it in your joint bank account, and both you and your spouse regularly put money into and pull money out of the account over several years, then it may be hard to prove exactly how much of that money is separate vs. community property.
Therefore, the wisest thing to do to protect your inheritance would be to open a separate bank account for the inherited money and not mix any other funds into that account (your wages from work are generally considered community property in Texas, so definitely don't mix those funds in!).
Anything else you inherit (such as land) would also be separate property, but if any community funds are used for it, then your spouse may have some claim for reimbursement if you get divorced.
All responses are NOT to be considered legal advice nor to be relied upon in any as such nor to establish any form of attorney/client relationship. Opinions expressed are solely informational and not a substitute for proper legal advice provided by a properly retained after thoroughly researching the issues presented.
Answered on Jan 03rd, 2023 at 7:02 AM