Q: Can a spouse delay divorce to claim part of an inheritance in Texas?
I'm in the process of a divorce, and my spouse, who has a documented history of covert narcissistic abuse, has served me divorce papers three times but hasn't followed up with the court. My psychiatrist has documented my spouse's mental abuse. I am concerned that my spouse, who has a great job and excellent income, is waiting for my parent to pass away to claim part of my inheritance in the divorce settlement. I'm approaching my 60s and will rely on this inheritance. Can a spouse intentionally delay divorce proceedings to claim part of someone's inheritance upon the death of a parent, despite having no legitimate need for it?
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- Texas
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- Answered
A:
You can take control of the divorce process by filing for divorce yourself or filing a counterpetition if your spouse’s petition is still open. This allows you to move the case forward instead of waiting on your spouse. Hiring an attorney who will push the case forward can also help prevent unnecessary delays.
As for your inheritance, it is separate property under Texas law, meaning your spouse has no right to it as long as it is not commingled or converted into community property. Keeping it in a separate account and not using it for marital expenses will help protect it.
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