QUESTION
Will my husband be entitled to my inheritance?
Asked on May 01st, 2013 on Divorce - California
More details to this question:
I will be receiving an inheritance of money and I want to know if my husband has rights to that if we should stay together or separate.
16 ANSWERS
Administrative Law Attorney serving Winter Garden, FL
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Channell Law Firm, P.A.
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Consult an attorney BEFORE you get this money, to make sure your assets are protected.
Answered on May 08th, 2013 at 12:19 AM
Inheritance is absolutely your separate property whether you stay together or not. If you separate inheritance money will be considered in setting a spousal support order.
Answered on May 03rd, 2013 at 12:34 PM
An inheritance is separate property that is not divisible upon dissolution.
Answered on May 03rd, 2013 at 12:34 PM
Money or property received through an inheritance are not martial property and are not subject to division in a divorce proceeding unless the property has been commingled or used to purchase martial property. If you use your inheritance to purchase a home and put your spouse's name on the title, the inheritance has lost its separate nature. If you were to divorce thereafter, your husband would have an argument that the home was marital property and that he should receive one-half. So, you should keep any inherited property separate. Keep real property titled in your name only, and keep money in a separate bank account, in your name only, rather than in a joint account with your husband. You should also make any payments to maintain separate property out of a separate account. If you want to use some of the money for the family, you can do so, and still protect the rest of the money, but keeping it in a separate account.
Answered on May 03rd, 2013 at 12:34 PM
Inheritance is separate property as long as you do not commingle it with joint money. So open a separate bank account.
Answered on May 03rd, 2013 at 12:33 PM
Family Law Attorney serving Las Vegas, NV
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Law Offices of Webster & Associates
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Inheritance is your separate property as long as you keep in a separate account in just your name and don't add any community funds to the account where you are keeping your inheritance money.
Answered on May 03rd, 2013 at 12:33 PM
Family Law Attorney serving Peoria, AZ
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The Law Firm of Jessica M. Cotter, P.L.L.C.
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The general rule in Arizona is that property obtained during marriage is community property. However, money you inherit will be considered by a family law court as your separate property, if you maintain it in a separate account, in your name only. You must also not commingle community funds in that account. If you put other community funds into that separate account, or use the money to pay off, or pay a portion of the mortgage on your house, or pay community credit card debt, then the separate inheritance will be treated as community property.
Answered on May 03rd, 2013 at 12:33 PM
Child Custody Attorney serving Denver, CO
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Sturniolo & Associates
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No inheritance is separate property. As long as you don't commingle the funds into a joint account, it remains separate.
Answered on May 03rd, 2013 at 12:32 PM
Domestic Relations Attorney serving Milford, MI
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Gabel, Gudmundsen & Gabel, P.C.
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Generally, if you keep your inherited money in a separate fund in your name alone, don't commingle it with marital funds, and don't spend any marital monies on maintaining that fund, the Michigan courts treat such funds as separate, non-marital property in a divorce property division.
Answered on May 03rd, 2013 at 12:32 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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If you are in Michigan see and attorney for counsel and instructions about keeping your inheritance separate. It generally can be done but must be done right.
Answered on May 03rd, 2013 at 12:31 PM
1 Award
If the inheritance to you alone, it is your separate property and he is not entitled to any portion of it. However, you need to keep it separate from community bank accounts. If you commingle it with community money, it may become or may be deemed community property.
Answered on May 03rd, 2013 at 12:31 PM
Your inheritance is your separate property. You should take steps to make sure that you do not comingle the funds with your marital assets. Set up a separate bank account and brokerage account for your inheritance if you want to keep it as separate property.
Answered on May 03rd, 2013 at 12:31 PM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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Inheritance assets are separate property and cannot be given to the other spouse in a divorce. However, at the time of the divorce the spouse who received the inheritance needs to be able to identify the assets received. I suggest you hire a lawyer.
Answered on May 03rd, 2013 at 12:31 PM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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Not as long as you keep it separate
Answered on May 03rd, 2013 at 12:30 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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If you keep it in a separate account and don't put his name on it, then he should not be entitled to it in a divorce. He may be entitled to one-half of any income generated by the property, but that would be it, in Idaho.
Answered on May 03rd, 2013 at 12:30 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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Inherited money is separate property.
Answered on May 03rd, 2013 at 12:30 PM