How Will My Inheritance be Treated During a Divorce?

An inheritance during your marriage may be your separate property, but it will depend on how you held that inheritance after you received it
If it was a cash inheritance that you kept in a separate account under your name, and you did not deposit any additional marital funds into the account, it will be deemed your separate property
If you receive an inheritance in a cash equivalent account with your spouse’s name on the account, you will risk the court determining that you gifted part of that inheritance to your spouse
If you received an inheritance of cash that you used to pay off the mortgage to your home, it is possible that the court would deem that the pay-off of the mortgage was your separate property

This informational video was provided by Jean Mahserjian, an experienced New York Divorce Attorney.

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