My son has a collection of video games worth over 100,000 that he inherited from an uncle that passed away way before my son got married. He and his wife are talking divorce and the wife is threatening that she will get 1/2 of the collection. Can she ?

He got them before they were married.

Asked on May 5, 2016 under Family Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No.  Anything that is obtained by "gift, devise or descent" is considered separate property which cannot be divided in the divorce.  The court can only confirm the property as his separate property estate.  The only way that it would become community property is if he gave or gifted half of it to his wife.  So... he needs to be careful never to suggest that he has or will.
If/when she does file, his answer to a divorce action should include a request that this collection be affirmed as his separate property.  If he doesn't make this request, then it will be presumed that the collection is community property and the court will have no choice but to divide it.

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