Do you have to split an inheritance in a divorce?

Inheritances designated for one spouse are usually considered separate property and therefore not subject to division in court during a divorce proceeding. However, you will need to prove that your inheritance is considered separate property.

Can a spouse claim half of an inheritance?

However, with all other areas of law, there are exceptions. There could be instances in which a spouse may be entitled to one-half of your inheritance or a portion of your inheritance during a divorce. A spouse can cause separate property to become community property during a marriage.

Who is entitled to part of an inheritance in a divorce?

However, with inheritances, whether both spouses are entitled to part of the money will depend on a number of different factors. If you are expecting an inheritance or have received an inheritance and are considering divorce, you will want to talk with a knowledgeable attorney to help you protect the property.

What happens to your inheritance if you split up?

Whether you live in an equitable division state or a community property state, your inheritance is considered your separate property. This means that if you and your spouse split up, he would not have a legal claim to any part of it—unless you converted it into marital property.

Do you have to share your inheritance with your husband?

The remaining states refer to marital property as community property. In these states, each spouse owns an equal share of their assets, which are distributed equally between them upon divorce. Whether you live in an equitable division state or a community property state, your inheritance is considered your separate property.

Can a judge separate inherited property after divorce?

Judges may try to separate commingled property, but the process can be very complicated. For instance, if a spouse deposited inherited funds into a joint account, the judge may allow the inherited funds to be separated to avoid equitable division.