Is Inheritance Community Property in Texas?

If we divorce, would the money I put down on our marital residence from my inheritance be my separate property?

The money you got as inheritance is considered separate property under Texas law. If you took some or all of that money and put it into your marital home, then you might still be able to recover it in a divorce.   

If you divorce, your house will be part of the division of the community estate. The law in Texas favors the community estate, which means the evidentiary burden will be on you to show that part of the money in the house came from your separate property estate. This is where records become important. You will need the documents which show clearly and convincingly where your inheritance came from and where it went.  

For instance, if you received the money through your parent’s estate, it would be best for you to collect the wills of your parents, a copy of the check you received from their estate, and all of the bank statements which show that money coming in from your parents and going out to the marital home.  Don’t worry too much if your parents didn’t have wills.  Documents showing the reality of your situation – where the money came from and where it went – is what we’re talking about.  Your attorney will help you identify the specific documents you’ll need to prove your separate property interest.

Please keep in mind that banks only keep records going back 7 years, so get copies of your bank statements, canceled checks, and deposit slips and keep them in a safe place.

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