If I live in a community property state, when I inherit money from my out of state father, will that become community property with my husband or will it become my own personal property?

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If I live in a community property state, when I inherit money from my out of state father, will that become community property with my husband or will it become my own personal property?

Asked on December 14, 2013 under Estate Planning, Texas

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Community property is property acquired during marriage.  Each spouse has a one half interest  in the community property..

Separate property is property acquired before marriage or after the marriage ends.  A spouse has no claim to the other spouse's separate property.

An inheritance is your separate property even if it occurs during marriage.  Your spouse has no claim to your inheritance from your father because it is your separate property.


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