Inheritances and trusts that came into being before a marriage are considered separate property. However, proving that the inheritance is separate property is another matter. The burden of proof lies with you. The attorneys at Alex R. Hernandez Jr. Trial Lawyers PLLC can help you with proving that your inheritance is indeed separate property. It’s not easy, especially of the inheritance has been commingled with marital property.
We understand the attributes of trusts and inheritances and know what the law demands so that a fair settlement can be arrived at.
If need be, we work with forensic accountants and question witnesses to trace the history of the assets and ascertain their true character. We can also help you protect your inheritance by drawing a watertight pre-nuptial or post-nuptial agreement. This will allow you to breathe easy that in case of a divorce, your separate property is protected.
Under Texas law, all assets that exist at the time of divorce are community property. As mentioned above, the onus of proving your claim of separate property lies on you.
Money or real estate received as inheritance often becomes a community asset as time passes. At the time of a divorce, it is important to establish the extent to which the inheritance is separate and what part of it is community property. Many scenarios can play out with inherited wealth during the course of a marriage. These have a bearing on determining the right way to split property.