Grandparents and Child Custody

Divorce can be a difficult time in anybody’s life. There is a great deal of emotional strain that occurs in trying times like these. This emotional strain is often made worse by the effects of financial issues in the divorce. It can sometimes be difficult to know what you have a right to and what must be split between you and your spouse.

The Marital Property Act mandates the equitable distribution of community property during a divorce. This means that all property obtained during the course of the marriage belongs to both parties equitably. Besides community property which was gained during the marriage, each spouse probably has at least some separate property. This is the property that was obtained before marriage.

Separate property generally stays with whoever owned it. In most states, your inheritance is considered separate property. However, if it can be proven that the inheritance was meant to benefit both spouses, it can be considered community property. In these cases, the inheritance will be split between the two parties equitably.

It is important to remember that equitable does not mean equal. If your inheritance is divided, you may get less than half of it if the court decides that your spouse needs more.

Speak with an Austin Divorce Lawyer

If you are going through a divorce and are worried about how your property and inheritance will be divided, contact the Austin divorce lawyers of Slater, Kennon & Pugh Ltd.LLP at 512-472-2431.