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 ?

Get Legal Help Today

 Secured with SHA-256 Encryption

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

Answers:

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

Answered 5 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.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption