QUESTION
If I get a divorce, would my inheritance be impacted?
Asked on Jul 06th, 2015 on Divorce - California
More details to this question:
About 5 years ago, I received a large inheritance from my aunt in her will. Will this inheritance be protected from having to be split in the divorce if I hire a good enough lawyer? I have worked out nearly all the details of our divorce with my husband, and I am finally ready to get on with my life.
18 ANSWERS
Probate Attorney serving New Orleans, LA
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James G. Maguire
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If the inheritance was kept separate from the community property owned by you and your husband, it should not be an issue in the divorce.
Answered on Aug 04th, 2015 at 10:55 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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In Florida it depends on how the assets have been held or owned since they came to you. Best to have an attorney look at it.
Answered on Aug 04th, 2015 at 10:55 PM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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If you kept it separate you are fine.
Answered on Aug 04th, 2015 at 10:55 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Yes, after five years your inheritance may be at risk. See a divorce lawyer. The Oregon State Bar has a lawyer referral service, you can get some names in your area who will give a low-cost consultation.
Answered on Aug 04th, 2015 at 10:55 PM
Edwin K. Niles
If you can trace the inheritance it is still your separate property and your spouse would have no claim. If it has been co-mingled with other assets so as to be untraceable, you will have a problem.
Answered on Aug 04th, 2015 at 10:55 PM
Denise Marie McBride
If you received all of your inheritance over five years ago, it is probably considered a marital asset at this time. You definitely should seek assistance from an attorney since some assets may be excluded, even though unlikely.
Answered on Aug 04th, 2015 at 10:55 PM
In California inheritance is your separate property and is not subject to division in a divorce. Just be careful not to commingle that property with anything that is community property.
Answered on Aug 04th, 2015 at 10:55 PM
If you did not commingle the inheritance [kept it separate from the joint family funds] then even a relatively poor divorce attorney should be able to show that the funds are separate from the martial assets and remain solely yours.
Answered on Aug 04th, 2015 at 10:55 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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You inheritance is your separate property unless you have done something to convert it into community property.
Answered on Aug 04th, 2015 at 10:55 PM
It depends on the state. Often, but not always, an inheritance is considered the property of the spouse who inherited the asset.
Answered on Aug 04th, 2015 at 10:55 PM
Estate Planning Attorney serving La Grange, IL
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Law Office of T. Phillip Boggess
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There are two aspects. First, if you two agree to a split of assets, it should be honored unless it appears completely unfair. Second, if your inheritance was not commingled with your joint assets, you should be able to keep your inheritance. However, it may require some fighting to get it done if he doesn?t agree to it.
Answered on Aug 04th, 2015 at 10:55 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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If the inheritance was kept separate it will not be part of the divorce.
Answered on Aug 04th, 2015 at 10:55 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Suggest you obtain the services of a good family law lawyer to represent you in the divorce; you may cost yourself serious money. The old saying still remains, a ounce of prevention is cheaper than a pound of cure.
Answered on Aug 04th, 2015 at 10:55 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It depends, the devil is inn The detail and you will need an experienced attorney.
Answered on Aug 04th, 2015 at 10:55 PM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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You should discuss the specifics of your situation with a family law attorney. In general, an inheritance, if kept strictly separate from other assets would be classified as non-marital property. Even so, under certain circumstances, it may be possible for a non-marital asset to impact the division of marital assets in the property settlement agreement.
Answered on Aug 04th, 2015 at 10:55 PM
Gifts are deemed separate property. Unless you somehow agreed to share the gift or comingled (put in a joint account for instance) this is clear law.
Answered on Aug 04th, 2015 at 10:54 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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I don't think you need to hire a lawyer of extraordinary competence to deal with this. If the inheritance was given to you, and it was not mixed with any marital property, it is yours pure and simple. If it was mixed with other property, but can be clearly traced, then it should also be yours. Some courts, however, will consider your separate property when they are fashioning a property division so if they cannot count it one way, they might try to count it another way. In general, if the two spouses can work together in reaching agreements, everyone benefits, financially and emotionally. You may not need the best lawyer in America, but you do need a competent lawyer.
Answered on Aug 04th, 2015 at 10:54 PM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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If you kept the inheritance separate, then it's not marital property and you'll keep it. ?But if you commingled it with marital assets and it's no longer possible to separately identify the inheritance, then it will be considered marital property.
Answered on Aug 04th, 2015 at 10:54 PM