Your Trusted Family Law Resource

Inheritance is separate property in Texas divorce

On Behalf of | Mar 21, 2017 | Property Division |

The division of property and assets can be a sore spot for couples who are going through a divorce. In Texas, most assets acquired during the marriage become marital property and belong to both spouses. The exceptions to this are inheritance or gifts and personal injury settlements. These exceptions are categorized as separate property in a Texas divorce.

A Denmark woman and a Texas man met in Austin in 2007. After a long-distance courtship, the couple decided to marry in Denmark in 2009. While waiting to move to the states, the woman agreed to use money from a family inheritance to purchase a luxury high rise condo in Austin.

The husband convinced his wife at the time that he would need to be on the title of the property, regardless of the fact that the money and property was and would be hers. After the couple decided to divorce and sell the property, the now ex-husband convinced a contracted attorney for the local title company to use forged documents and close the sale of the condo. The wife was never notified of the sale of the property.

When a marriage deteriorates and there is a division of marital assets, a couple may find themselves at odds. It can be especially devastating when a spouse has been manipulated and wrongfully cheated out of money or property. Separate property in the state of Texas specifically names inheritance as a separate property and cannot be divided among spouses in the event of a divorce. An experienced Texas attorney can help a spouse keep the property that is rightfully his or hers.

Source:, “Austin Jury Finds Danish Woman Was Defrauded in $1.35M Condo Sale”, Accessed on March 17, 2017