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Roger, Attorney
Category: Family Law
Satisfied Customers: 30903
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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In the state of Texas is an inheritance considered community

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In the state of Texas is an inheritance considered community property in a divorce? Does it have to be declared if it is not? We do not have joint accounts and he always handled the money and had it put in his checking account. My name is XXXXX XXXXX his account. He also took 60,000.00 from the sale of a house he bought before we were married and put it as a down payment on a house after the marriage. Is he entitled to the $60,000. before we divide the proceeds of the house?
Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney. Thanks for your question.

Inheritance is not community property as long as the inheritance is kept separate from the spouse. Thus, a spouse cannot touch the inheritance unless the property is commingled with community funds.

The $60,000 is different. If he invested that money into the marital residence, he's not entitled to get the money back. He has commingled the pre-marital assets, and the house would have to be divided equitable, which usually means equal. Thus, the both of you would generally be entitled to splitting the equity in the property.

I hope this answers your question, but if you have others, please REPLY and I'll be glad to respond. Thanks.
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