Will my inheritance be a factor in my divorce? How? 10 Answers as of July 28, 2015

Will my small inheritance be a factor in my divorce?

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The Law Office of Kimberly D. Moss
The Law Office of Kimberly D. Moss | Kimberly Moss
Your inheritance is your separate property. In Texas, most earned income, assets, and other valuables are considered community property after you become married. However, the one notable exception to this general rule is inheritance. No matter the size of your inheritance, it is your separate property and is not required to be divided in your community estate. For more information about this, be sure to consult with a local divorce attorney.
Answer Applies to: Texas
Replied: 7/28/2015
John Russo | John Russo
If there has been no transmutation (commingling) then no.
Answer Applies to: Rhode Island
Replied: 7/3/2015
Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
It depends on whether it needs to be taken into consideration based on what each party is left with.
Answer Applies to: Washington
Replied: 7/3/2015
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
A gift or inheritance given to a spouse during the course of the marriage is considered separate property. You should make sure that you sequester those proceeds so they are easy to identify as belonging to you. The proceeds should have no relationship to property division.
Answer Applies to: California
Replied: 7/3/2015
S. Joseph Schramm | Joseph Schramm
Although your inheritance would be considered nonmarital property it might be a factor in showing the relative economic positions of the parties in the division of the marital property. It depends on how small the inheritance is.
Answer Applies to: Pennsylvania
Replied: 7/2/2015
    Attorney at Law | Aimee C. Robbins
    Not if you don't co-mingle it with marital funds or marital assets.
    Answer Applies to: Maryland
    Replied: 7/2/2015
    Diane l. Berger | Diane L. Berger
    The inheritance is yours alone unless you commingle it with marital monies.
    Answer Applies to: Nebraska
    Replied: 7/2/2015
    Ezim Law Firm | Dean Esposito
    Your inheritance is your separate property and your spouse is not entitled to any portion of it. However, it you commingle it with community property, your spouse may have a claim to it.
    Answer Applies to: Louisiana
    Replied: 7/2/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Probably not but depends on the details.
    Answer Applies to: Michigan
    Replied: 7/2/2015
    Peggy M. Raddatz
    Peggy M. Raddatz | Peggy M. Raddatz
    In Illinois an inheritance is considered a non marital asset. There are some exceptions. If you pkCed the funds in a joint account with your spouse it could then become marital. It is best to meet and retain counsel to protect your interests.
    Answer Applies to: Illinois
    Replied: 7/2/2015
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