Seguin, TX Divorce Law Firms & Lawyers

Texas Family code (which is the binding law but no the Texas Constitution) 2.401 provides the elements of proof of an informal marriage. If you agreed to be married, lived together as husband and wife in Texas, and represented to others that you were married, then you are married. If this woman has remarried without divorcing you, her second marriage is invalid. There's a burden of proof here, though - you have to prove each element - the initial agreement to marry and the representing to others that you are married ("holding out") has to be open and public - saying you are married sometimes and other times not might not cut it. And lastly, why would you care.

Your inheritance is your separate property. Anything you buy with your inheritance is also your separate property. You have zero obligation to give your husband the truck or any money from your inheritance. If you were to get a divorce, the court would not award your husband the truck or the money from your inheritance. You should keep your inheritance money separate from any joint account because that will help prove that it is your separate, inherited property.

It is not possible to give you a definite answer to your question because it is entirely dependent upon the language of the prenup agreement. I suggest you hire a lawyer to review the document and give you advice concerning the specifics of your situation.