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Divorce And Inheritances – Who Gets What?

Inheritances can become a complex issue in divorce proceedings. It pays to know where you stand in relation to your own inheritance or your spouse’s inheritance at the beginning of the divorce proceeding.Texas is a community property state, so most property acquired during the marriage belongs to both spouses. It therefore must be divided equitably during divorce, but inheritances and gifts are usually exempt and referred to as “separate property.” However, if you and your spouse were granted an inheritance or a gift together, it would qualify as community property.

The court presumes that all property is community property until it is proven by clear and convincing evidence to be separate property by the party that claims it as such. Whether the inheritance in question is large or modest, it is critical to understand how it will affect other issues in the divorce process, including:

Prove The Property Status Of Inheritances Or Gifts With Our Help

At Scott M. Brown & Associates, we help our clients prove the characterization of the property status of inheritances and gifts by clear and convincing evidence. We can help you determine if yours qualify as separate property or community property, and we can go to work right away to gather the necessary evidence to defend your case in your best interests.

Located in Angleton and Pearland, Texas, we serve clients throughout Houston and the surrounding area. Our attorneys are thorough, experienced and professional. Ensure that your assets are accurately accounted for and protected by a law firm you can rely on for comprehensive and personalized service.

Call Scott M. Brown & Associates For Assertive Representation

Call us today with questions about your inheritance or gifts at 979-849-8526 or contact us by email to discuss your case and our services with a lawyer.


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