I Received an Inheritance and Now We are Getting Divorce: What are My Rights?

Did you receive an inheritance from a parent, grandparent or any other loved one? If you are now navigating a divorce, you may have questions about your rights and your options under Texas law. We live in one of the nation’s relatively small number of community property jurisdictions. In Texas, a married couple’s assets are generally presumed to be 50/50 owned. However, there are exceptions for inheritance. Within this article, our Houston property division lawyer explains what you need to know about inheritance and divorce in Texas.

Background: An Overview of the Texas Community Property Standard

Texas is a community property state. Under Texas law (Texas Family Code § 3.002), community property is property, other than separate property, acquired by either spouse during marriage. Property possessed by either spouse during or on dissolution of marriage is presumed to be community property. Each spouse owns an undivided one-half interest in that community estate. A court must divide the community estate in a manner that is “just and right.” A 50/50 split, while common, is not guaranteed by law. 

Inheritance is a Special Category of Assets in a Texas Divorce 

Inheritance is a special category of asset in Texas. It can potentially be classified as “separate property.” Texas Family Code § 3.001 defines separate property, including property owned before marriage and property acquired during marriage by gift, device, or descent. Notably, that definition covers inheritance. The rule applies whether the inheritance takes the form of cash, real estate, securities, or personal property.

Commingled Inheritance May Be Treated Differently (Transmutation of Property)

Commingling creates one of the most common risks to inherited assets. Depositing inherited funds into a joint account, using those funds to acquire marital property, or mixing them with community earnings can complicate classification. Although Texas does not recognize “transmutation” in the same manner as some states, the concerns are similar. The tracing of property becomes critical. A spouse may still establish separate property through clear and convincing tracing evidence that identifies the asset’s separate origin through each transaction

A Lawyer Will Protect Your Legal Rights and Your Financial Interests

Classification disputes over inheritance often turn on documentation, expert analysis, and procedural precision. Among other things, a Houston divorce attorney can help develop a tracing strategy, secure financial records, and, when necessary, even retain a forensic accountant to support the separate property claim. A proactive approach is a must. Protecting an inheritance requires more than asserting its status. It requires proof that satisfies the clear and convincing standard.

Call Our Houston, TX Property Division Attorney Today

At Lindamood & Robinson, P.C., our Houston property division attorney is a skilled, diligent, and experienced advocate for clients. If you have any questions about inheritance and divorce, please do not hesitate to contact us for your strictly confidential, no obligation case evaluation. From our law office in Houston, we handle property division cases throughout Southeast Texas, including in Harris County, Montgomery County, Galveston County, and Fort Bend County.

Source:

statutes.capitol.texas.gov/?tab=1&code=FA&chapter=FA.3&artSec=