Legal Question in Family Law in Texas
Texas Law - community property vs. inheritance
(TEXAS) .. There is a man and wife. The man had a small time in prison. His wife bought a house (possibly before prison). She bought it from an elderly lady for the sum of $10.00. She also bought land from this lady - she paid a partial note to the elderly lady - and - she also borrowed part of the money from the bank. Is this house & land considered community property between the husband & wife?? IS the house & land is just as much the husband's as it is the wife's? The land & the house is in the wife's name ... which was possibly due to the circumstance.
Also - the lady that sold the house for ten dollars, died and left ( this wife) all of her other belongings. The lady that died had intended for this to be shared with the husband too. In Texas - community property is 50 - 50?? Correct?? WITH the ONE exception - which is when either spouse INHERITS something .. it belongs exclusively to that particular spouse that inherited (and not considered community property with the spouse that was not included in the inheritance)??
Would the man be entitled to his part of the house and land? But NOT the inherited things?
2 Answers from Attorneys
Re: Texas Law - community property vs. inheritance
Texas is a community property state. People assume this means community property is divided 50-50 but in fact it is a matter for the judge - or jury to decided whether the split is 50- 50 or 99-1. Property that is inherited or given as a gift is separate property. It could be argued that a $10 house is a gift. I suggest a mediated settlement - but if I were in trial on the case I would feel much more confident if I were the wife's lawyer - unless there are more circumstances not mentioned.
Re: Texas Law - community property vs. inheritance
In Texas, property that is received by gift or inheritance is separate property, while any other property earned or bought with earnings during the marriage is community property. If the marriage ends AT DEATH, half of the community property belongs to the deceased spouse. But on DIVORCE, the judge does not have to split community property 50-50. The judge divides the community property however he or she decides is "fair," while separate property must go to the owner of the separate property. The deeds to land often say the purchase price was "$10 and other valuable consideration" which doesn't mean that the purchase price was really $10. If there is more proof that the purchase price was really $10, then it could be argued that it was a gift. But, it may very well be that the purchase price was much more and the deed simply doesn't tell you what the true purchase price was. Prison time does not change the community property nature of property. If the property was purchased during the marriage with community property funds, it is community property. The property that was inherited is separate property.
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