{"id":1745,"date":"2017-05-22T13:48:20","date_gmt":"2017-05-22T13:48:20","guid":{"rendered":"http:\/\/50.28.1.231\/~scottbrown\/division-of-property\/divorce-and-inheritances-who-gets-what\/"},"modified":"2021-10-25T09:26:02","modified_gmt":"2021-10-25T14:26:02","slug":"inheritances","status":"publish","type":"page","link":"https:\/\/sbrownlawyer.com\/inheritances\/","title":{"rendered":"Divorce And Inheritances – Who Gets What?"},"content":{"rendered":"
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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.<\/p>\n

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:<\/p>\n