Texas is a community property state; however, property that is obtained as an inheritance is separate property. Upon divorce, a court can only divide the community property and the court has no authority to divide separate property. So, an inheritance belongs to the spouse that received it and the other spouse can not take any part of it during the divorce.
Unfortunately, it is not always that simple. The spouse who claims that a certain property was received as an inheritance has a burden to prove this to the court by clear & convincing evidence. This can be hard, or impossible, to do in ...
About
Family law can be complicated.
This blog contains some of the most common questions that our family law attorneys receive. Search or click below to learn more about common family law issues regarding divorce, child custody, adoption, and CPS.