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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 101323
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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This is to Ely.Appreciate the help.Have 1 more question.I have

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This is to Ely.Appreciate the help.Have 1 more question.I have this house up for sale,the inheritance one.IF I sell my inheritance is the spouse entitled to any proceeds from the sale of the house(Inheritance)?Should I have legal counsel present at this child support hearing on OCt.17th.?I have not received a summons or a pleading from her or the courts as of yet.
Hello friend and thank you for requesting me.

IF I sell my inheritance is the spouse entitled to any proceeds from the sale of the house(Inheritance)?

Just as the house itself is an inheritance and as such, belongs to you, so does the money. Ergo, she should not receive any amount from the sale. However, if you sell it, make sure to keep the money separate from the marital accounts, i.e. set up another account to have that money in - commingling the accounts may lead to the property becoming marital: "...because of the presumption that commingled funds are community property." Tex. Family Code Ann. § 5.02 (1971) V. T.C.A.; Tarver v. Tarver, 394 S.W.2d 780, 783 (Tex.1965).

Finally, sometimes Courts come up with variations of division of property especially where the kids are involved which sometimes gives the custodial parent the right to live in the home even though it is yours, as long as she pays the mortgage or rent to you, until the child is 18, etc. So I would not sell until you ask the Court for permission to do so.

Should I have legal counsel present at this child support hearing on OCt.17th.? I have not received a summons or a pleading from her or the courts as of yet.

YES. Although you may not have received the pleading, that means that you may not have been served yet, perhaps, or she said she served you... either way, an attorney is recommended.

May I recommend the Texas Bar Referral program...

http://www.texasbar.com/AM/Template.cfm?Section=Lawyer_Referral_Service_LRIS_

...the attorneys are vetted and qualified and the service is free. Then you can cross-reference the name(s) on www.avvo.com for client reviews, Bar history, and metrics.

Doing this, you should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.

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