Legal Question in Family Law in Texas
retirement account benficiary
my dad is leaving me a large sum of money from his retirement account when he passes - if i receive the money, is it possible that my husband (should he decide to divorce me) take some of that inheritance in a divorce? I have heard that everything gets split down the middle after ten years of being married, we have 14 years
1 Answer from Attorneys
Re: retirement account benficiary
How long you have been married has nothing to do with whether something is community property or separate property, nor does it have anything to do with the percentage division of the marital estate.
In very general term, if you keep the inheritance separate from the regular marital funds, you should be able to prove it is separate property, and your husband would have no claim. If you just put it in a joint account or use it to pay bills or purchase household goods it will be very hard to show it's not a community asset, and he may have a claim.
If you want to discuss things in more detail, feel free to call my office for an appointment. I do not charge for initial consultations.
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