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Tx Community Property HomesteadCommunity_separate_propertyMEDIUM

During their marriage, James receives a $100,000 inheritance from his grandmother. He deposits the inheritance into a separate bank account in only his name. Under the Texas Family Code, how is this inheritance classified?

Correct Answer

C) James's separate property because property acquired by gift, devise, or descent during marriage is separate property

Under Texas Family Code §3.001(2), property acquired by a spouse during marriage by gift, devise, or descent is that spouse's separate property. An inheritance is property acquired by descent, so James's $100,000 inheritance remains his separate property regardless of when it was received, as long as it is not commingled with community funds to the point where it becomes untraceable.

Answer Options
A
Community property because all assets acquired during marriage are community property
B
Community property because the deposit occurred during the marriage
C
James's separate property because property acquired by gift, devise, or descent during marriage is separate property
D
Mixed property requiring tracing to determine the community and separate components

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Related Topics & Key Terms

Key Terms:

separate_propertyinheritancegift_devise_descentclassification
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