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I am considering an uncontested divorce. I live in Texas and…

I am considering an...

I am considering an uncontested divorce. I live in Texas and inherited a house when my parents died. Is it considered community property?

Lawyer's Assistant: What steps have you taken? Have you filed any papers in TX family court?

I have not filed, yet.

Lawyer's Assistant: Have you talked to a lawyer about this yet?

No.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

We have been married for almost 20 years.

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Answered in 5 minutes by:
6/22/2018
Nisha Jones
Category: Family Law
Satisfied Customers: 3,490
Experience: Managing Attorney at Nisha Jones Law, LLC
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Good morning, I am an attorney expert with the JustAnswer website, and former Prosecutor for the State Attorney's Office. I have a near 100% customer satisfaction rate, and I'll be answering your questions today. JustAnswer provides general legal information only and no attorney-client relationship is formed. Please allow me just a few minutes to review your question, thank you!

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I'm sorry to hear about your possible pending divorce.

Inheritances are considered to be separate property -- ie. inheritances are not subject to division as a marital asset.

As long as you kept the house in your name only, and did not refinance a mortgage jointly, or add your spouse to the deed, then it should not be considered to have been commingled, and should have retained protected status as an inheritance.

I hope that helps!

Please remember to rate my service once you have all the information you need. If you have any other questions, please ask me - I'll be happy to respond. Thank you!

Please remember that any information shared over this site is for general informational purposes only and does not constitute legal advice. You should meet with and consult a local attorney for representation in this matter.

Nisha Jones
Category: Family Law
Satisfied Customers: 3,490
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified
Nisha Jones and 87 other Family Law Specialists are ready to help you
Ask your own question now

I'm sorry to hear about your possible pending divorce.

Inheritances are considered to be separate property -- ie. inheritances are not subject to division as a marital asset.

As long as you kept the house in your name only, and did not refinance a mortgage jointly, or add your spouse to the deed, then it should not be considered to have been commingled, and should have retained protected status as an inheritance.

I hope that helps!

Please remember to rate my service once you have all the information you need. If you have any other questions, please ask me - I'll be happy to respond. Thank you!

Please remember that any information shared over this site is for general informational purposes only and does not constitute legal advice. You should meet with and consult a local attorney for representation in this matter.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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