I need to stay in my marriage until my wife’s mother passes away to receive any of her family’s fortune, correct?

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I need to stay in my marriage until my wife’s mother passes away to receive any of her family’s fortune, correct?

My mother-in-law is worth millions. My wife has been dangling the ‘D’ word
lately.

Asked on December 28, 2016 under Family Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

In TX, here are 2 major categories of property: community property and separate property. Community property consists of the property, other than separate property (as described below), acquired by either spouse during the marriage. Separate property is property:

acquired at any time by gift or inheritance;
owned prior to marriage;
settlements for personal injuries sustained by a spouse during marriage (other than those for loss of earnings); and/or
exchanged for 1-3 above.

As you can see, any money that your wife may inherit or otherwise be given from her mother will be her sole and seperate property; a divorce will not affect that.


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