QUESTION

Does inheritance items have to be divied up equally when getting a divorce?

Asked on Sep 13th, 2012 on Divorce - Indiana
More details to this question:
My daughter has been given furniture items while married from her grandparents and we would like her to able to keep these items if possible.
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1 ANSWER

Criminal Law Attorney serving South Bend, IN at Jeffery M. Haupt Attorney at Law
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Typically under Indiana law, items in a divorce are divided equally and equitably.  However, there are exceptions to this rule that could exclude items from being considered part of the marital estate.  One such exception is receipt of property due to an inheritance.  It is not as simple as that, but it gives you the idea that you can challenge the basic fact that the property should be included as part of the marital estate.  Another thing to consider is that your daughter could ask to keep the furniture items, and in exchange she will either give up other property or perhaps take a bit more on in marital debt. 
Answered on Sep 14th, 2012 at 7:23 AM

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