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Can a spouse’s inheritance be divided?

by | Oct 23, 2016 | Property And Asset Division

A lot of people who are going through a divorce may become frustrated quite easily. Because spouses tend to dispute over many divorce-related matters, the process isn’t always easy. In addition to having an emotional reaction to the topics of child custody, support and alimony, when a couple finds themselves discussing property division, they may become especially upset upon learning what may or may not be divided

In many divorces, property and assets that are considered marital property are what is divided between spouses. On the flip side, what is considered separate is separate and belongs to only one spouse. Among this separate property, you will sometimes find a spouse’s inheritance. Because the inheritance belongs to one spouse, more often than not, this inheritance is not divided, even though it was received during the marriage.

What people need to know about inheritance is that it is not always immune to being divided during the divorce. Although one spouse is the receiver of this money, if the couple decides to share this money and use it for marital expenses, it can be divided. If you want to keep this from happening, it is important that you keep this money separate.

Property division is a tricky legal matter to deal with because people don’t always see eye to eye on things.

Regardless of how spouses may feel about the divorce and the many topics that will need to be discussed, it would be wise to hire an attorney who can assist during the process. It can make a huge difference in how the divorce proceedings go and possibly what a judge decides should a couple not agree on how to divide the property.