Legal Question in Wills and Trusts in Texas

inherited properties and divorce

if i inherit property that has been in my family for over 200 years (willed to me alone) and I mingle the funds from this property with our community property and we decide to dvorce, does my spouse have rights to any of the inherited property


Asked on 5/23/08, 3:12 pm

1 Answer from Attorneys

Kathryn Perales PMI Oil Tools

Re: inherited properties and divorce

This question may have two (or more) answers.

If by "the funds from this property" you mean income resulting from the property, then that income is community property. Your spouse does have rights in this income, but not to the underlying separate inherited property.

If by "the funds from this property" you mean proceeds from sale of the inherited property, then those proceeds will be presumed to be community property unless you can trace the separate funds well enough to prove what part of the commingled funds are your separate funds. Any family lawyer in town can advise you about this. You would need documents like bank statements to establish your claim.

If you are talking about oil or gas royalties, these are probably considered to be proceeds, rather than income.

Further, if you have some kind of prenuptial agreement with your spouse, then the answer to your question would be governed by that.

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Answered on 5/23/08, 3:25 pm


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