In a divorce, is one spouse entitled to the other spouse’s inheritance?

When my father died, my mother split their stock among us 8 children. He wants half the stock when we get divorced. Can he get half my estate gift? We now live in a community property state.

Asked on October 4, 2015 under Family Law, Texas


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

Answered 4 years ago | Contributor

Texas is not a 50/50 state... Texas is a "fair and equitable estate".  This could mean 50/50-- but it's not necessarily the case.
However, the court can only divide community assets, not separate property.  Separate property is anything obtained by gift, devise, or decent.  If this was an asset that you inherited, then that portion would still be yours.  Only income (dividends rec'd during the marriage and still in existence) resulting from the community property would be subject to division... but not the stocks themselves.
This is the rule as it applies in Texas...however, if you live in a different state, then these rules may not apply.

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