Legal Question in Family Law in Texas

Re: Personal Property

Money you inherited is your separate property. The bank account opened during marriage is presumed to be community, but you can overcome that presumption by showing that the only money ever put into the account was your separate property (prove that the deposit was from your father's estate). Your wife's name as beneficiary shouldn't change the nature of the property (it can still be your separate property) if it only gave her the right to the property after you die. The thing that clouds the issue is the "joint common account" -- that may make it arguably a gift to the community, and change the whole account to community property. It would depend on the exact agreement with the bank, the evidence, and the judge's ruling. The interest added on separate property is community property. However, you called it an "investment account." If there are stock purchases, stock splits are separate property and dividends are community. The separate property portion and the community property portion can be traced and calculated. The court must give you what it determined to be your separate property, but the community property portion can be divided in the judge's discretion, not necessarily 50/50. You may also request reimbursement if your separate property portion went to pay a community debt to the IRS.

Re: Personal Property

Since the account was opened during the marriage, the account will automatically be presumed to be community property. However, using proper tracing techniques, an attorney may be able to trace some or all of the funds back to claim it as your separate property. Your wife may argue that since you placed the account in both names, that you intended it to be a gift to her. In addition, any interest earned on your separate property would be community property. Also, if it is your separate property, and you paid some community debts with your separate property, you may have a claim to be reimbursed by the community estate.