Jacksonville, FL asked in Divorce and Family Law for Texas

Q: Can I sue my ex husband for hiding $250,000 from me and the court when we divorced in 2001? His sister lied also.

In divorce court my ex husband and his sister both lied about an inheritance of $250,000. I am angry about it and want them to be held accountable. What can I do?

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1 Lawyer Answer
John Michael Frick
John Michael Frick
  • Frisco, TX
  • Licensed in Texas

A: An inheritance received by one spouse is that spouse's separate property. So, in a divorce proceeding, whatever inheritance your ex-husband received should have been confirmed as his separate property. You would not have had any claim to it.

In dividing your community property, the divorce court can consider any separate property (like the inheritance) that either spouse owns in making a "just and right" division of community property. So it may have had some influence on the way your divorce court divided your other property that was community property back in 2001. But it would be almost impossible to prove with any degree of certainty what influence it might have had if the court knew about the inheritance back then.

It may be very difficult to pursue any legal recourse under the circumstances so long after your divorce. While a spouse can file suit to divide previously unknown and undivided marital property after a divorce, it seems almost certain that the inheritance by definition will be confirmed as your ex-husband's separate property.

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