The short answer is no. The long answer is, it depends.
Texas is a community property state. That means that a husband and wife have community property and separate property. Separate property is everything acquired before marriage and everything acquired during marriage by gift or inheritance. Everything else is community property. At the termination of the marriage by divorce or death, all property is presumed to be community property. The person claiming that some property is separate property has the burden of showing that it is separate. If he can’t, it is community property because of the presumption.
It is easy to show whether real property is separate property or not. The same is true for heirlooms. It may be hard to show that cash or others items that are not distinct are separate property. If someone inherits $100,000.00 and puts it in a community account where it is commingled with community property. It will be harder to prove what part is separate and what part is community.
If the party claiming that something is his or her separate property, such as inherited property, proves that it was received as an inheritance then the other spouse does not get any part of that property on divorce.
Copyright by Robert Ray a Texas inheritance attorney. The foregoing information is general in nature and does not apply to every fact situation. If you are concerned about inheritance laws, inheritance rights, have a family inheritance dispute, a property dispute or want information about contesting a will and need an inheritance lawyer, we can help. Please go to our main site www.texasinheritance.com and use the contact form to contact us today. We are Texas inheritance lawyers and would love to learn about your case and there is no fee for the initial consultation.
