When dividing the marital estate, the court may consider the fact that one spouse is allowed to keep substantial non marital assets such as an inheritance. The following factors increase the probability that you will be able to be entitled to keep your inheritance. It has been kept separate from the marital assets such as in a separate account. It is titled in your name only, it can be clearly identified. It has not been commingled with marital assets. Your spouse has not contributed to its care operation or improvement, it is less likely that you will be awarded your full inheritance if it was commingled with marital assets, its origin cannot be traced. You have placed your spouse’s name on the title your spouse has contributed to the increase in value of the inheritance. If keeping your inheritance is important to you, talk to your attorney about the information needed to build your case.
Is money from an inheritance considered marital or separate property?
Ask a Question
Describe your Situation Or
Request a Consultation
Please type your message below and we will get back to you asap.