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LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 28366
Experience:  10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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I inherited a house from my dad so it was just in my name.

Customer Question

I inherited a house from my dad so it was just in my name. I sold the house and the check is in my name. IF I put it in a seperate bank account will my wife have access to it if we get a divorce, or is there anything I can do with the check to keep it seperate as my money?
Submitted: 2 years ago.
Category: Legal
Expert:  Copperlaw replied 2 years ago.
Good day, I would be happy to assist you with this question. Inheritances are typically excluded from matrimonial property division upon the breakdown of a marriage. Exceptions to this would be if the monies were used for a joint matrimonial interest, such as purchasing the matrimonial home, then the spouse would have an interest in the home and as such, the monies used to purchase it. Generally, if an inheritance is received and it is kept separate and not applied towards matrimonial property, then it remains the property of that individual solely and does not get included in common matrimonial property calculations. Please let me know if you require anything further. Jim
Customer: replied 2 years ago.
I needed an answer for Texas, not Canada. I placed the money in a seperate account that I have will it remain seperate?
Expert:  Copperlaw replied 2 years ago.
Sorry, you've posted this question in the Canadian Law category. I will ask that the question be moved to the US law category. Jim
Expert:  LegalKnowledge replied 2 years ago.
Good morning. I am a US law attorney and would be happy to answer your question. If the property was inherited, then it would not be considered a martial asset at the time. To prevent it from becoming a marital asset, you want to make sure you do not add her to title and if the home is sold, that the sale proceeds and not commingled with your martial bank account / assets and are kept separate and apart. She would not have access to this money but if you use that money to buy something ( i.e. a car, house, etc) and it is in both names or given to her, then she could claim an interest at that time. However, if you just kept the money is a separate account and did not it for her or with her, then you should be protected.