How to Protect Your Inheritance from a Spouse

How to Protect Your Inheritance from a Spouse

Divorce can be one of life’s most challenging experiences, and when it comes to protecting your inheritance, things can get even more complicated. Inheritance is often viewed as separate property, but if you’re not careful, it can become entangled in the divorce process. Understanding how to protect your patrimony can make a big difference. At MBH Mims Ballew Hollingsworth in Fort Worth, TX, we’re here to help you navigate these difficult waters and keep what’s rightfully yours.

What Is Considered Inheritance?

When you receive assets like money, property, or other valuables from a loved one who has passed away, it’s called an inheritance. In Texas, which is a community property state, the way you manage your inheritance can have a significant impact on whether it stays yours in a divorce.

Shield Your Inheritance From Divorce

In many cases, an inheritance is considered separate property, which means it belongs solely to you, not your spouse. However, this protection isn’t guaranteed. If it is mixed with marital assets—like being deposited into a joint account—it may be considered marital property. This could mean your spouse might claim part of it in a divorce. Therefore, a clear understanding of how Texas law handles estate is essential for safeguarding your assets.

Is My Spouse Entitled to Part of My Inheritance?

While it might seem that your inheritance should be yours alone, there are situations where your spouse might claim a portion. For instance, if your inheritance is mingled with shared assets or used for mutual benefits, it might lose its separate status. To keep your inheritance safe, it’s important to take steps that clearly separate it from marital assets.

Can My Spouse Claim My Inheritance?

Your spouse might argue that they’re entitled to a share of your inheritance, especially if it’s been mixed with marital property or used to support the marriage. The best way to prevent this is to keep your assets separate and ensure everything is well-documented. This might include setting up individual accounts or trusts to keep the inheritance apart.

When Does an Inheritance Become Marital Property?

An inheritance can become marital property if it’s mixed with other assets or used for joint purposes, such as buying a home that you both own. Once commingled, it can be difficult to separate it back out, making it subject to division in a divorce. Consulting with a skilled attorney can help you understand how to keep these assets distinct and protected.

Separate Property vs. Community Property in Texas

In Texas, as a community property state, the law presumes that most assets acquired during a marriage are owned equally by both spouses, regardless of whose name is on the title. This includes income, real estate, and personal property obtained while married. However, assets received by one spouse through inheritance are typically considered separate property. These remain the individual property of the receiving spouse unless they are mixed with marital assets—for instance, by placing the funds into a joint bank account or using them for household expenses, which can blur the lines of ownership and potentially convert the inheritance into community property.

Keep Your Inheritance Separate

The most effective way to protect an inherited asset is by storing it in a separate account, refraining from using it for shared expenses, and keeping thorough documentation. This approach helps prevent the inherited property from becoming entangled with marital assets, minimizing the likelihood of it being divided in the event of a divorce.

Protecting Your Inheritance With Agreements

With a Prenuptial Agreement

One of the strongest protections for assets is a prenuptial agreement. This legal document, created before marriage, outlines how such assets should be managed in the event of a divorce. A prenup offers peace of mind by ensuring your patrimony remains secure.

With a Postnuptial Agreement

If you’re already married, a postnuptial agreement can offer similar protection. This document, signed after marriage, can outline that your inheritance is to remain separate property. It’s a smart move to safeguard your assets, even after the wedding.

At MBH Mims Ballew Hollingsworth, we understand how important it is to protect what’s yours. If you’re worried about how a divorce might impact your inheritance, we’re here to help.

Fort Worth, TX Divorce & Family Lawyers

Constance Mims has over fifteen years of experience practicing exclusively family law. Mrs. Mims is Board Certified in Family Law, by the Texas Board of Legal Specialization. She is Collaborative Law certified and is a shrewd negotiator, not to mention her experience in the most challenging child custody, child support, spousal maintenance, alimony, prenuptial agreements, and divorce issues, both in court and in the appellate arena.

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You might also be interested in these articles:

• Cohabitation Agreements: Safeguarding Your Future Together
• Property Division: What You Need to Know
• How to File for Divorce in Texas
• What is the Difference Between a Legal Separation and a Divorce in Texas?
• Is Texas a Community Property State?