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