Why is inheritance separate but retirement is joint?
3 attorney answers
Your questions evidence a fundamental lack of understanding of your own property rights after marriage. My advice is to get your own attorney to advise you and do not take the advice of your fiance. What he proposes is not fair to you at all.
Although I am a lawyer, I am not your lawyer. The site is an excellent resource for locating legal counsel, but posting answers to questions does not create an attorney/client relationship.
Please retain a family attorney. Inherited property is not community property, so there is nothing to trade there.
This is not something to resolve over a web site.
The family code and Texas community property law makes inheritance separate property and retirement community property to the extent it is earned during the marriage. I would tell a spouse that I don't make the law but if they want a pre-nup or post nuptial agreement that the law is the law and if it works to your advantage you have no real reason to just give it up. Of course one recourse a person has is to then not marry, but if you're already married, my view is the law is the law and you didn't create it. Since you apparently are not married, this is just a matter of whether you can agree, because in the final analysis it can affect whether you marry. My final answer is for you to do what is fair and what you can agree to without holding it against him or yourself.