Do you have to divide an inheritance during a divorce?

You may have to split up an inheritance during a divorce. It often depends on how you used the inheritance after you received it and if your spouse had access to it or benefited from it.

Many people assume that they will automatically get to keep a full inheritance that was given to them by their parents. They understand that their parents wanted the money to stay in their family. Even if they were already married when they received the money, they still think of this as an inheritance that was given to them personally, making it a separate asset.

In many cases, this is true. However, it is important to remember that an inheritance can be commingled – often unintentionally.

What is commingling?

When the inheritance is mixed with other marital assets, it has been commingled, which can change its status. For example, the inheritance is generally a separate asset at the time that you receive it, even if you are already married. But if you then put the money into a shared bank account, allowing your spouse to access it or use those funds to make joint purchases, it has been mixed with those other marital assets. This could mean that you need to divide the inheritance with your spouse during a divorce.

One common cause of conflict during divorce cases is when couples disagree over what should qualify as marital property or separate property. This is one reason it is important for them to understand how to seek a resolution. Having sound legal guidance can help divorcing spouses protect their rights and make their case.