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Getting div after 16 years spouse received inheritance and

Customer Question

Getting div after 16 years spouse received inheritance and we used the money for household expenses etc. Am i entitled to any money in div. in tx?
Submitted: 1 year ago.
Category: Tax
Expert:  Tax.appeal.168 replied 1 year ago.

Based on the following information, unless the inherited funds have been commingled with the community property funds, no, you would not be entitled to any of the inheritance. SEE BELOW:

Receiving an Inheritance While Married

Texas categorizes property that is owned by a married couple as either community property or separate property. A court can divide community property in a divorce, giving a portion to each spouse, but separate property cannot be split in a divorce. Any property a spouse receives by gift or inheritance is separate property, regardless of when she received it. However, if the spouse who received the inheritance then commingles it with community property, it may become community property because it would be too difficult to separate from the community property. For example, if a wife receives a $10,000 inheritance and deposits it into the joint savings account she has with her husband, over time it may become impossible to determine where that money went.


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