My husband and I are having a debate. Does an inheritence given to one spouse get split during a divorce?
2007-12-22 17:02:04 · 18 answers · asked by Suzu1980 2 in Family & Relationships ➔ Marriage & Divorce
No. An inheritance is a gift. If it is given to one person, It belongs solely to that person. It is not marital property.
2007-12-22 17:08:38 · answer #1 · answered by Anonymous · 2⤊ 0⤋
It depends on the State Law in your State. Each State is different on the law.
In my State, inheritance does NOT go to the spouse.
My State is a Community Property State .. however - inheritance is not included as Community Property in the marriage.
Inheritance soley belongs to the person who inheritance was received. The spouse is not entitled to any of the inheritance.
In the divorce, in my State ... the inheritance is NOT included in the divorce split.
2007-12-23 01:11:34 · answer #2 · answered by Tara 7 · 0⤊ 0⤋
Not on your life. The inheritance goes to blood family.. If the inheritance was given prior to the marriage it still stays the same. Now if the will read that the inheritance goes to the i nheiritor and family then that's different. But if it was specifically named for one person. Sorry spouse you can't touch it.
2007-12-23 01:11:16 · answer #3 · answered by Mouth of the South 3 · 2⤊ 0⤋
if it was given before the divorce it will probably be split but if they divorse right after the guy can argue shes doing it jsut for money and may not have to give it. if the inheritance said just for him and he claims its his only from the start hes pretty safe
2007-12-23 01:06:13 · answer #4 · answered by xirekaj 3 · 0⤊ 1⤋
That depends on how you handle the inheritance now, what state you live in, and several other factors. Follow the link below:
2007-12-23 01:07:43 · answer #5 · answered by Dominicks Granny 4 · 0⤊ 1⤋
I think it really depends on the state's laws and the nature of the inheritance. Personally I think it would be petty to take family heirlooms that did not come from my family.
2007-12-23 01:06:29 · answer #6 · answered by Pirate AM™ 7 · 1⤊ 1⤋
I dont think the other half is entitled to it!! Full Stop !! because obviously if youz split up and say God Forbid your father dies, if the husband gets half of it then takes off!! Do you think your ex will come knocking on your door with hes generosity when hes Father dies ?????
2007-12-23 02:39:03 · answer #7 · answered by amani 4 · 0⤊ 0⤋
No it does not get split. If you inherited it, it is yours. If you have spent it during your marriage you do not get it back.
2007-12-23 03:33:57 · answer #8 · answered by kim h 7 · 0⤊ 0⤋
pretty sure it doesnt, but im not a lawyer. if you use the inheritance to do something like buy a house together while your still married, then it becomes communal (splitable) property.
2007-12-23 01:05:22 · answer #9 · answered by me 4 · 2⤊ 1⤋
If he places it into a mutual account it will get split up if he places it into his own account, I don't think the other person would get any of it.
2007-12-23 01:20:14 · answer #10 · answered by Time To Go 6 · 0⤊ 0⤋