Texas Divorce Question

You should probably talk with a lawyer.

 

Hello Jeff,
As we in the UK have followed the American Divorce Laws ruling for women of what's mine is mine and half of yours is mine I think you may well have hit lucky in being able to claim half the ex's inheritance, a very good example of you started it but I'll finish it!.
When I was going through my divorce ten years ago my gold digging ex stated that I had good inheritance prospects because my mother, in the opinion of her slag woman solicitor was in poor health due to her being diagnosed with Parkinson's Disease and her estate should be taken into consideration for her application for her meal ticket,she was a little upset when she found out I was not a beneficiary. Happily mum is still with us and in good health,but this is an example of the depths women will go to feather their nest encouraged by their lower than a snake's belly lawyers.
I think the old saying What's sauce for the goose is sauce for the gander could not be more apt. Go for it!.

 

Talk to a lawyer -- I'm only speaking as a divorced man.

It is assumed that all property is community property, but some exceptions do exist. Inheritance can be one of those, but the property has to be claimed as separate. It then goes in front of the judge for a decision.

Talk to a lawyer

 

Echoing what Tillman says about actually consulting an attorney, there are exceptions to the rule when considering community and separate estates in Texas.

It is *generally* accepted that inherited property is separate in the State of Texas.

I don't know specifically about the cash, though.

Again, as Tillman so astutely states, speak to an attorney in Texas.

 

It is community property, unless the inheritence is nested in a family trust and it has not been dispensed in her sole posession. A trustee (the person designated to manage the trust) may establish a periodic payment to her, but at the time she receives it, if still married, he is entitled to 50%. Is she received one large lump sum from the estate, without a trust established, she's pretty much SOL.

 

A large portion of the inheritance belongs to the attorney of choice. Any reluctance to settle will result in a much larger share the inheritance going to lawyers.

 

Hey there. I handle lots of divorce cases here in Beverly Hills, and that money is hers. Even without a trust, very few judges will force her to share half with you. I'm assuming, though, that she hasn't mixed in a joint account with you. M.

 

I'm not a Texas Attorney, nor do I play one on TV. However, in a past life, I used to be an expert witness with respect to tracing community/separate property in Texas. Here are the general rules:

1. An inheritance is separate property when received.

2. The income, in almost all cases, from separate property is community. Some interpret this to include increases in value.

3. If the separate funds are commingled with community funds, they can lose their identity as separate property.

4. If separate property funds are used to pay community debt or improve community property, the separate property spouse may have a claim on the community. The same is true in reverse.

Good luck.

Dale

 

Inherited money is not community property in Texas.

 

that is correct sir!

 

They still stay brother and sister though, right? Or is that just Oklahoma?
Marry for money here, you'll spend rest of your life earning it.

 

Perfectly stated, Dale.

Even though Texas is a "community property" state, inheritances are considered to be separate property. BUT... if you commingle any of it, you better have a darn good paper trail...

 

That's what I learned in Business and Real Estate Law class.

 

Dale has the more complete answer.

 

She's under no obligation to share with hubby.