In the midst of a potentially tumultuous marriage, a crucial question arises: what happens to inherited funds in the event of a divorce? A husband in Texas is grappling with this very issue, as his wife inherited a substantial sum after their marriage and deposited it into her own account. Over the past 20 years, she has also been depositing portions of her paycheck and Social Security income into the same account.
The key concern is whether the husband would be entitled to half of the inherited amount, considering the commingling of joint income with the inherited funds. In Texas, a community-property state, the rules surrounding inheritance and marital property can be complex. Generally, if separate marital property, such as an inheritance, is transferred into a joint account, it becomes commingled and is subject to division in the event of a divorce.
However, in this case, the wife’s inheritance remains separate, as she has maintained it in her own account. The deposits from her paycheck and Social Security income do not constitute commingling, as they are simply being deposited into the same account.
Regarding Social Security benefits, the husband may be eligible to receive spousal benefits based on his wife’s record, but only if he claims them after she has started receiving her benefits. The amount he receives would depend on when she started claiming and his own age at the time. If they divorce, he can apply for benefits on her record, provided they were married for at least 10 years and he is at least 62 years old.
Ultimately, the wife’s inheritance appears to be secure, and the husband’s entitlement to half of it seems unlikely. However, the nuances of Texas family law and Social Security regulations make it essential for both parties to seek professional guidance to navigate their specific situation.
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