Are the proceeds from the sale of inherited property considered marital property?

UPDATED: Nov 17, 2015

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Are the proceeds from the sale of inherited property considered marital property?

My husband’s father died a little over a year ago and left him some property. My husband serve me with divorce papers last June. The divorce is not yet final and the property is being sold now. I know that The property itself is not community property.

Asked on November 17, 2015 under Family Law, Texas


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

Answered 7 years ago | Contributor

The property itself is separate property.  However, any income generated from separate property is considered community property.  The determination that will need to be made is whether or not the sale will generate any income.  Considering that he just got the property a year ago-- the value in that time frame may not have increased significantly-- but it's worth asking the question depending on what you think the income on the sale will be. 
Another option to keep in mind is that if any community funds were used to help support his separate property, then you may be able to make a claim for reimbursement.  For example, if the taxes on the estate were paid by your marital community in the amount of $1000.00-- then his separate property should reimburse the community estate for that same amount.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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