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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 37080
Experience:  30 years in civil, probate, real estate, elder law
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I recently lost my son in a work-related car accident. He

Customer Question

I recently lost my son in a work-related car accident. He was unmarried and had no children. He was 27 years old. I currently have two claims pending - a worker's comp claim and the auto insurance claim, both of which my attys assure me will settle w/out contest. I live in Houston, TX, but the accident happened out of state, in NY. I am married and considering divorce. My husband was not the father of my son. If I divorce, is my husband entitled to any part of those settlements? If I divorce BEFORE any cash is received, does it matter?
Submitted: 11 months ago.
Category: Legal
Expert:  Ray replied 11 months ago.

Hi and welcome to JA. Ray here to help you today.

The answer is no this is considered separate non marital property.Your spouse therefore has no claim to it.You would file for divorce in Texas and the court awards you these recoveries in the property settlement.It is clearly separate nonmarital property.Inheritance is an exception to the community property rules here in Texas.Again he has no legal claim under the Texas Family Code here at all.

I appreciate the chance to help you .I am sorry for your loss of son and all you are going through.I know it can be overwhelming.Thanks again.

Expert:  Ray replied 11 months ago.

FAMILY CODE

TITLE 1. THE MARRIAGE RELATIONSHIP

SUBTITLE B. PROPERTY RIGHTS AND LIABILITIES

CHAPTER 3. MARITAL PROPERTY RIGHTS AND LIABILITIES

SUBCHAPTER A. GENERAL RULES FOR SEPARATE AND COMMUNITY PROPERTY

Sec. 3.001. SEPARATE PROPERTY. A spouse's separate property consists of:

(1) the property owned or claimed by the spouse before marriage;

(2) the property acquired by the spouse during marriage by gift, devise, or descent; and

(3) the recovery for personal injuries sustained by the spouse during marriage, except any recovery for loss of earning capacity during marriage.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.

Anything you inherit is yours in a divorce here in Texas, he has no claim to it.