Can I Keep My Divorcing Spouse From Getting My Inheritance?

The division of marital property is a common point of contention that divorce attorneys help their clients work through every day.

Divorce lawyers find that it can be a challenging process, especially when marital property includes inheritances and disagreements about how such assets should be handled.

Since the state of Texas is a community property state, spouses need the help of a divorce law firm that fully understands the law on how community property rules apply to inheritances and what can be done for inheriting spouses to help them retain their family wealth.

Property Types In Texas and How They Are Divided

Texas is a community property state where divorce is concerned.

The state recognizes three types of property that divorce attorneys must help their clients identify: the separate property of each spouse and the marital property owned by both spouses.

Any wealth acquired during a marriage is considered community property owned by both spouses that is subject to division per community property rules.

In exception to this community property rule, assets acquired by one spouse by gift, devise, or descent, whether with or without a will, are considered that spouse’s personal property that is not subject to division.

Yet inheritances can still be tricky to deal with, as divorce lawyers find that they can sometimes fall under a gray area that can be questioned should a non-inheriting spouse decide they want their share.

Is Inheritance Considered Community Property?

Though inheritances start as private property that is not subject to division in a divorce, divorce lawyers frequently see this status changing in the case of financial inheritances, based on how inherited funds are handled after receipt.

When private inheritance money is deposited into a joint marital bank account, this is considered “commingling,” which changes the status of that money.

This mixing of funds is one of the main ways attorneys see conflict arising when spouses argue over monetary inheritances.

Since it is impossible to differentiate between private funds and marital funds when they are deposited into the same account, those funds become community property, which the second spouse is legally entitled to receive in most cases.

Can A Divorce Attorney Help A Spouse Retain An Inheritance?

When divorcing couples fight over inheritances, the most important thing a divorce law firm can do to help a spouse retain their inheritance is to help them prove ownership of inheritances, if that is still possible.

If there are specific records and evidence supporting the spouse’s inheritance of funds and detailed bank records on how it was handled, lawyers can often help spouses prove ownership of the inheritance and that it is still their private property.

Wills, communications between estate executors, and other related documentation are helpful in these instances.

On the other hand, if funds have been commingled and some time has passed, doing so may be difficult, if not impossible.

In either case, working with an experienced divorce lawyer who can facilitate discussions on the division of marital property and who is entitled to what, including inheritances, is the best one to turn to.

Avoid Inheritance Problems With A Skilled Divorce Lawyer

Inheritances raise unique challenges during divorces due to their fragile status and whether these funds can be classified as private or community property.

Noting this, spouses who are getting divorced should hire an experienced divorce attorney to help them sort through inheritance issues legally and practically.

To avoid potential divorce conflicts due to one spouse receiving an inheritance, lawyers recommend that receiving spouses either keep their inheritances in separate private bank accounts or acknowledge the strong possibility that they will be required to share a commingled inheritance later in the event of a divorce.