After 10 years of marriage, William inherits a lakehouse from his father. William's wife, Karen, assumes the inheritance is community property because they received it during their marriage. Under the Texas Family Code, who is correct?
Correct Answer
C) William is correct because property acquired by inheritance during marriage is separate property
Under Texas Family Code §3.001(2), property acquired during marriage by gift, devise, or descent is the separate property of the acquiring spouse. William's inheritance from his father is property acquired by descent, making it William's separate property regardless of when during the marriage it was received.
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Previous Question
A license holder is working with a married buyer who wants to purchase an investment property using only funds from a pre-marital savings account. The buyer's spouse is not involved in the transaction. Under Texas community property law, what should the license holder advise?
Next Question
A married couple in Texas has both community and separate funds commingled in a single bank account. During a divorce, the wife claims $80,000 in the account is her separate property from a pre-marital investment. Under Texas law, what is the standard of proof required to establish the separate property claim?