How is inheritance money handled in divorce?

Generally, inheritances are not subject to equitable distribution because, by law, inheritances are not considered marital property. Instead, inheritances are treated as separate property belonging to the person who received the inheritance, and therefore may not be divided between the parties in a divorce.

Can my wife take my inheritance in a divorce?

It is possible that you will be able to keep inheritance that you received while married when you get divorced, but it will depend on your circumstances. One way you can keep your inheritance is to come to an amicable agreement with your former spouse about how to divide the marital assets.

Inheritance is Considered Separate Property It’s also considered separate property under California law. This means that it is yours, and yours alone, if and when you get a divorce. If you keep this money in a bank account, separate from other marital funds, it will be easy to maintain its status as separate property.

How are inheritances dealt with in a divorce?

The good news is that when you receive an inheritance that is specifically left to you – not you and your spouse or to your family in general, but to you alone – that money or asset is legally yours, both during the marriage and afterward. Inheritances are not community property; they belong only to the beneficiary of the inheritance.

When does an inheritance become a marital property?

Commingling is what it’s called when you mix your inheritance with your marital property. Once an inheritance has been commingled, it ceases to be your separate property and becomes marital property instead. A straightforward example of commingling would be:

Can a beneficiary of an inheritance keep the inheritance?

Inheritances are not community property; they belong only to the beneficiary of the inheritance. However, don’t let that fool you into thinking that you don’t have to do anything to keep your inheritance intact.