Going through a divorce is never easy, perhaps especially when it comes to dividing what you and your spouse own. If you received an inheritance during the marriage, you might be wondering whether your ex is entitled to a share of it. It is a deeply personal concern, and the answer is not always straightforward.
While most inheritances are meant for just one person, divorce courts sometimes treat them differently. How the inheritance was handled during the marriage generally determines what happens next.
How “yours” can become “ours”
In many cases, inheritances are considered separate property. This means they are usually not divided during a divorce. But there are exceptions, like if that inheritance was mixed into your shared finances or used for joint expenses.
Here are some of the ways your inheritance could lose its protection:
- You deposited it into a joint account: Once it is mixed with shared funds, it may be seen as belonging to both of you.
- You used it for family expenses: Paying for home renovations, trips or debt together using inherited money might change its status.
- You added your spouse’s name to inherited property: This could signal shared ownership.
On the other hand, if you kept the funds separate, did not use them for shared purchases and clearly documented everything, the inheritance may still be considered yours alone.
It also depends on where you live. Some states treat property differently depending on whether they follow community property or equitable distribution rules.
It is okay to feel unsure about what to expect. Sorting through what belongs to who can be overwhelming during an already emotional time. As such, considering help from a legal perspective can take some of that weight off your shoulders. Every situation is different, and having a steady hand to walk you through your options can make a world of difference.