(833) 553-4251
(833) 553-4251
One of the toughest issues related to the divorce process is asset division. Many spouses do not understand how this works, especially if more complex property like inheritance is involved. This can lead to many disagreements and highly emotional disputes.
If you or your spouse received an inheritance and are planning a divorce, you may have to prove your right to this money. Consider working with an experienced Austin divorce and inheritance lawyer to understand how this works and to protect your rights.
Texas is a community property state. This means that assets acquired during a marriage belong to both spouses. Many assets that spouses acquire in marriage are split 50/50. However, it is still subject to the judge’s decision, as Texas uses a just and right division, which means it does not have to be 50/50. Meanwhile, according to the law, everything either of the spouses receives by “gift, devise, or descent” is separate property. It should not be subject to division in a divorce. Inheritance is such a property.
However, some situations exist when the spouse who did not receive the inheritance can claim a part of this money from the spouse who did. An experienced divorce and inheritance attorney in Austin can guide both spouses through such situations to help achieve a fair outcome.
In several scenarios, inheritance or part of it becomes community property. The most common situations are:
When inherited money gets mixed with joint marital funds, for example, deposited into a joint bank account or used to pay for joint expenses, it may lose its status as separate property. This is called “commingling.” Commingling makes it difficult to trace which portion of the funds is still separate.
If a spouse uses inherited money to purchase something for both spouses, such as a home, a judge may consider the inheritance as community property. Even if the inherited funds were separate, using them to benefit both parties can change their legal classification.
If an inheritance is used to pay off joint debts, the funds may be seen as benefiting the marriage rather than one individual. In such cases, a court might determine that the inheritance fully or partially became community property.
If the spouse who received the inheritance explicitly or implicitly gifts part of it to the other spouse, the court may view that portion as community property.
A divorce attorney in Austin could review your circumstances to determine whether your inheritance counts as community property.
In Austin, the burden of proof lies with the spouse claiming that certain property is separate. The spouse has to provide records to show how the inheritance is separate from marital assets. Otherwise, the court may presume it is community property.
Evidence can include bank statements, wills, or letters accompanying the inheritance. A skilled divorce and inheritance lawyer can guide the spouse through evidence collection and present proof in an Austin family court.
If you or your spouse received an inheritance, you both may have the right to it after a divorce. However, the division of this inheritance can be complicated. To protect your rights, work with a competent Austin divorce and inheritance lawyer.
At Kimbrough Legal, PLLC, we can help you navigate the multiple complexities of divorce and inheritance. Call our attorneys to schedule an in-depth consultation at any time.
N/a
