Legal Question in Wills and Trusts in Texas
inherited property
if you are married AFTER you inherit property from your dead parents, in a divorce can your spouce claim any form of this property? This property was inherited in 1992 and the marriage took place in 1997?
2 Answers from Attorneys
Re: inherited property
The spouse can claim community income from the property after 1997 marriage and reimbursement for 1/2 of any expenses paid (eg. taxes, insurance, mortgage payments, etc.) during the marriage. The actual property is your separate property, and in the case of cash or other liquid assets, as long as it has not been comingled with community funds.
Re: inherited property
Everything you own at divorce is PRESUMED to be community property unless shown by CLEAR AND CONVINCING evidence that either you owned it before you married it or that you inherited it or that it can be traced to one of these sources. If you can not show that the new car was purchased with the proceeds of the sale of the old car which was purchased with the same money you had when you married, then you might have a problem. Land is fairly easy, but more liquid assets can be more problematical.
http://www.reasonable-doubt.com
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