If I get a divorce, would my inheritance be impacted? 25 Answers as of August 04, 2015

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.

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Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
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.
Answer Applies to: Wisconsin
Replied: 8/4/2015
Ronald K. Nims LLC | Ronald K. Nims
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.
Answer Applies to: Ohio
Replied: 8/4/2015
Patrick W. Currin, Attorney at Law | Patrick Currin
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.
Answer Applies to: California
Replied: 8/4/2015
Wellerstein Law Group, P.C.
Wellerstein Law Group, P.C. | Elisha Wellerstein
Generally an inheritance is considered to be separate property in a divorce. If since you received this inheritance you put your husband's name on this account, then you have co-mingled the funds and it is no longer separate property.
Answer Applies to: New York
Replied: 8/4/2015
Law Office of Robert E McCall | Robert McCall
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.
Answer Applies to: Florida
Replied: 8/4/2015
    Law Office of T. Phillip Boggess | T. Phillip Boggess
    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.
    Answer Applies to: Illinois
    Replied: 8/4/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    It depends, the devil is inn The detail and you will need an experienced attorney.
    Answer Applies to: Michigan
    Replied: 8/4/2015
    Law Offices of George H. Shers | George H. Shers
    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.
    Answer Applies to: California
    Replied: 8/4/2015
    Peggy M. Raddatz
    Peggy M. Raddatz | Peggy M. Raddatz
    In Illinois inheritances are always non marital unless you gifted or commingled the funds or assets. Go in for a consultation with a divorce lawyer soon.
    Answer Applies to: Illinois
    Replied: 8/4/2015
    Law Office of Pamela Braynon | Pamela Y. Braynon
    If the inheritance was to you alone, your spouse will no be entitled to any of it.
    Answer Applies to: Florida
    Replied: 8/4/2015
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    It depends on the state. Often, but not always, an inheritance is considered the property of the spouse who inherited the asset.
    Answer Applies to: Nebraska
    Replied: 8/4/2015
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    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.
    Answer Applies to: California
    Replied: 8/4/2015
    Law Ofices of Edwin K. Niles | 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.
    Answer Applies to: California
    Replied: 8/4/2015
    Peyton and Associates | Barbara Peyton
    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.
    Answer Applies to: California
    Replied: 8/4/2015
    Attorney At Law | James G. Maguire
    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.
    Answer Applies to: Louisiana
    Replied: 8/4/2015
    Irsfeld, Irsfeld & Younger LLP | Norman H. Green
    You inheritance is your separate property unless you have done something to convert it into community property.
    Answer Applies to: California
    Replied: 8/4/2015
    Law Office of Martin A. Kahan | Martin A. Kahan
    You should hire an experienced family law attorney. Inheritance is presumed to be separate property, but there are situations where that presumption can be rebutted.
    Answer Applies to: California
    Replied: 8/4/2015
    O'Keefe Legal Services, L.L.C.
    O'Keefe Legal Services, L.L.C. | Sean P. O'Keefe
    In Maryland, possibly; if you have funds or access to funds, such as an inheritance, those funds could be considered in dividing assets in divorce proceedings.
    Answer Applies to: Maryland
    Replied: 8/4/2015
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    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.
    Answer Applies to: Oregon
    Replied: 8/4/2015
    Diane l. Berger | Diane L. Berger
    If the inheritance was kept separate it will not be part of the divorce.
    Answer Applies to: Nebraska
    Replied: 8/4/2015
    Ashcraft & Ashcraft, Ltd.
    Ashcraft & Ashcraft, Ltd. | Randall C. Romei
    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.
    Answer Applies to: Illinois
    Replied: 8/4/2015
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    The proceeds received in the inheritance are your separate property. The only way that this inheritance could possibly impact your divorce is if the passive income from those monies could impact your income in a way that could justify spousal support.
    Answer Applies to: California
    Replied: 8/4/2015
    Danville Law Group | Scott Jordan
    Did you keep your inheritance money in a separate account; one where your husband's name was not on it? If that is the case, according to California Community Property laws, an inheritance is separate property and as long as you did not comingle it with community assets, you can keep it and he has not claim on it.
    Answer Applies to: California
    Replied: 8/4/2015
    Law Office of Denise M. McBride
    Law Office of Denise M. McBride | Denise 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.
    Answer Applies to: Florida
    Replied: 8/4/2015
    Petit & Dommershausen SC
    Petit & Dommershausen SC | Tajara Dommershausen
    If you kept it separate you are fine.
    Answer Applies to: Wisconsin
    Replied: 8/4/2015
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