QUESTION
If I divorce, would my inheritance I received a few years ago be impacted?
Asked on May 21st, 2015 on Divorce - Nevada
More details to this question:
About 7 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 to represent me? I have worked out nearly all the other details of my divorce with my husband, and will begin the process soon.
22 ANSWERS
In California inheritance is treated as your separate property and not subject to division in divorce unless you commingled that money with community property money. If there is income from the inheritance, it will be considered in setting child and spousal support. Hope that helps.
Answered on May 25th, 2015 at 4:31 AM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Hire a good divorce lawyer. If you have not commingled funds from the inheritance with other marital property, you might be able to protect it.
Answered on May 22nd, 2015 at 1:18 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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If what you inherited was kept separate from marital assets, there should be no division of this non-marital asset.
Answered on May 22nd, 2015 at 9:11 AM
Alimony Attorney serving Rockville, MD
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Law Offices of Aimee C. Robbins
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Yes if you have not co-mingled or gifted any of your inheritance to your wife. If not, your inheritance is not marital property and therefore not subject to a division upon a divorce.
Answered on May 22nd, 2015 at 12:20 AM
2 Awards
The inheritance should you be your separate property, which means that it's yours, assuming you kept it separate. It may come into play when calculating support obligations, debts, etc. Yes, you will need a good lawyer.
Answered on May 22nd, 2015 at 12:17 AM
Estate Planning Attorney serving La Grange, IL
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Law Office of T. Phillip Boggess
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Some of this may depend on whether the inheritance was commingled with other marital assets. If they have been separate and not commingled, you have a good chance of keeping them provided that you get someone good to represent you.
Answered on May 22nd, 2015 at 12:13 AM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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If you kept the money apart from your joint assets, it will be considered separate property and not impacted in the divorce. For example, you put the inheritance in a separate account, in your name, then it would be separate property. Even if you took out money sometimes to pay joint bills or repair the joint residence, etc. On the other hand, if you mixed the inheritance with your paychecks and/or your husband's paychecks and paid your joint bills out of this joint account. It would be impossible to identify your inheritance out of the mix of funds in the account.
Answered on May 22nd, 2015 at 12:11 AM
If you are in a community property state such as California, such an inheritance would be considered your separate property, unless you mixed it in with the community property, so not subject to being divided in the divorce.
Answered on May 21st, 2015 at 6:37 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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More information is needed because generally If you kept the inheritance separate from marital property you can keep it all.. to the extent you co-mingled it with marital property it became marital property.
Answered on May 21st, 2015 at 6:27 PM
Estate Planning Attorney serving Baton Rouge, LA
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The Stutes Law Group LLC
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An inheritance is your separate property, and your husband has no claim on it, unless you "commingled" the money with community funds. You should be able to get it with no problem, even if you hire an average lawyer.
Answered on May 21st, 2015 at 6:25 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Suggest you obtain a good family law lawyer to represent you in the whole divorce, not just the inheritance protection part, to make sure your inheritance is not impacted; hope you did not comingle your separate property with your community property. Most lawyers will not take the case unless they can control and resolve the whole problem to his client's satisfaction.
Answered on May 21st, 2015 at 6:15 PM
if you have kept your inheritance separate from the marital monies and properties, it is fair to say it is probably all yours. If, however, you commingled it in anyway, your spouse may have a reasonable claim to half. Good luck.
Answered on May 21st, 2015 at 6:13 PM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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The inheritance was your separate property, not part of the community between you and your husband. If you maintained this inheritance as separate property, and not commingled it with community assets, it remains yours.
Answered on May 21st, 2015 at 5:46 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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If you kept the inheritance separate (not in a joint account or an account comingled with earnings) then it is clearly separate property. If you comingled it you would have to be able to trace it for it to be counted as separate property. Yes, by all means, get a lawyer. This is a complex issue, especially if it wasn't properly handled to begin with.
Answered on May 21st, 2015 at 5:46 PM
Edwin K. Niles
An inheritance is your separate property, and your wife has no claim to it, as long as it is still identifiable.
Answered on May 21st, 2015 at 5:41 PM
The answer depends on what state you live in and how the money was used. If you live in a community property state, you might be required to consider the inheritance a marital estate. Most states, however, consider inheritances as belonging solely to the person named in the will.
Answered on May 21st, 2015 at 5:41 PM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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A lot will depend on how you have handled the money and whether you kept it completely separate or comingled it together with other marital funds and/or assets. You need to discuss this with an attorney who can get answers to the foregoing questions and others in order to help you make a proper determination. You need to consult with an attorney.
Answered on May 21st, 2015 at 5:25 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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First things first: retain an experienced family law attorney if major sums of money or other important interests are involved. That said, the general rule in Wisconsin is that inheritances remain the separate property of the heir or beneficiary to the extent they are not commingled with other property. Even if they are commingled with the other spouse's property, you have a good chance of protecting the inheritance if the money can be traced. Good Luck.
Answered on May 21st, 2015 at 5:23 PM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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An inheritance is non-marital property and not subject to division in a divorce settlement agreement. The problem arises in what was done with the inheritance in the 7 years since you received it. It is possible for non-marital property to become marital property based upon how it was dealt with during the course of the marriage. You need to speak with a family law attorney to determine if the inheritance has become tainted and part or all of it subject to division as marital property.
Answered on May 21st, 2015 at 5:23 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Get an attorney NOW. The inheritance might be protectable of it was kept separate. Clearly there are going to be issues. Seek counsel before you make any offers or commitments.
Answered on May 21st, 2015 at 5:16 PM
3 Awards
It will all depend upon on how you titled the assets that you inherited. Did you leave them in an account only in your own name as sole and separate property, or did you put the monies in a joint account with your husband. You need to discuss the specific details with an attorney. If you put the monies in both names, then you made a gift of to your husband. Seek legal counsel. Bring evidence of how you titled the assets. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
Answered on May 21st, 2015 at 5:11 PM
Not usually no. This is separate property unless you did something like mingle it for say, the purchase of a home or other asset or otherwise converted it to a community asset.
Answered on May 21st, 2015 at 5:11 PM