This was a questions posted on Avvo.com:
This is a very common Texas property question in regards to divorce law. Items of property that are acquired during the marriage are considered community property. However, items that are acquired by gift, devise or descent (inheritance) are considered separate property. That is the simple rule.
This simple rule can be muddied a bit depending on what happens to the property. If the property is in the form of cash and placed in it’s own bank account, with no other funds ever being deposited into that account, then it will remain separate property. If the funds are place into an account where paychecks are deposited and other marital cash goes in and out, it may lose it’s separate property title.
These are very detailed issue and typically require an attorney to decipher. If you are ever in a position to receive a large financial gift or inheritance, always be sure to place it into its own account and do not deposit other funds into that account. That will preserve it’s separate property nature. You can still spend the money on whatever you like, just don’t put marital funds in.
As for the questions posted above, it is impossible to answer without knowing more facts. But under the general rule, it seems it would be his separate property.