You’ve inherited your grandmother’s antique jewelry—a set of beautiful pieces passed down through generations. They hold sentimental value far beyond their monetary value. Now, you’re going through a divorce, and you’re wondering, “Will these cherished family heirlooms be considered part of the marital property subject to asset division?”
For many facing divorce, the fate of personal and emotional treasures like these is a genuine concern. Let’s explore how Texas family law approaches these valuable keepsakes during divorce proceedings and how we can help safeguard your heirlooms.
How Does Texas Law Classify Your Family Heirlooms?
Texas divorce operates according to Community Property laws, and dividing assets during a divorce can get tricky. Generally, any assets attained during the marriage are considered Community Property and, as such, are subject to a fair division by the court.
However, there are notable exceptions, and that could include your family heirlooms. According to Texas law, family heirlooms passed down to one spouse are usually classified as Separate Property. If marital funds have not been used to maintain or preserve the family heirloom, it should generally remain Separate Property and, therefore, not be subject to asset division.
Safeguard Your Inheritance as Separate Property
No one getting married ever plans to divorce. However, there are steps you can take to make sure your family heirlooms remain separate property in the event of a divorce.
Keep Them Separate — Do not use funds from a joint account to care for your family heirlooms.
Keep Documentation — Keep documentation on hand that discloses your ownership details. Be sure to have a documented description of the heirloom, photographs, and details of your preservation efforts. Be sure to include appraisals of their value, proof that the heirlooms were passed onto you, and the date of the original bequeathment.
Keep Them Secure—Place the heirlooms in a secure location. This will prevent any alterations that would alter their value or call your exclusive ownership into question.
Seek Professional Counsel — Seek the advice of a professional appraiser and a skilled family law attorney. They will help protect your valuable family heirlooms and provide a roadmap for moving forward.
Please Call Christman | Daniell for Your Legal Needs Today!
Are you looking for family law services in Tarrant County, Texas? Christman | Daniell is your premier choice. With years of experience and a deep understanding of the legal landscape, our skilled team is dedicated to helping families navigate complex legal matters. Whether it’s divorce, child custody, or adoption, trust Christman | Daniell. We provide compassionate and effective representation for all your family law needs.
Please consult an attorney for advice about your situation. The material on this website and in this or any blog article we publish are for informational purposes only. They do not constitute legal advice. The attorneys at Christman | Daniell believe in tailoring legal advice and solutions to your circumstances.
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