Inheritance laws in all 50 state impact divorce proceedings, according to the American Bar Association Section of Family Law. Despite some slight variations in different jurisdictions, all state statutes deal with inherited property in divorce cases in essentially the same manner. If you are preparing for a divorce, you need to understand how inherited property is dealt with through the course of marriage dissolution proceedings.
Function
Divorce statutes include provisions designed to establish the manner in which property of all types is divided between spouses in marriage dissolution proceedings, according to DivorceNet.com. Inheritance laws provide directives on how and when a person receives property from a person who died.
Marital Assets
Marital assets represents property that spouses obtained during the course of a marriage, according to Help Yourself Divorce. Marital assets include everything from wages and salaries earned by the spouses to real estate to personal property purchased during the marriage. Marital assets are subject to division between the parties to divorce proceedings.
Non-Marital Assets
Non-marital assets include property a spouse owned prior to the marriage. Additionally, if you obtain property as a gift intended solely for you or if you inherit property, even while you are married, these types of assets are not deemed marital property. For example, property you inherit is not subject to division with your wife during a divorce case, according to American Bar Association Section of Family Law.
Time Frame
No matter when you inherit property during your marriage, assets received by you in this manner solely are your own. Even if you received property through inheritance early on in your marriage and end up involved in a divorce many years later, the passing of time does not alter the inheritance into a marital asset.
Misconceptions
The most common misconception associated with divorce and inheritance law is that property you inherit automatically becomes jointly owned by your spouse. Although most property acquired during a marriage ends up being jointly owned by both spouses, such is not the case with property obtained by one spouse through a will or some other type of estate proceeding.
Expert Assistance
Divorce cases generally, and cases including inherited property specifically, represent complex legal matters. Consider engaging the services of a skilled and experienced attorney if you find yourself involved in such a case. Local and state bar organizations provided directories of attorneys practicing in different areas of the law, including lawyers that specialize in divorce matters. Contact information for these groups is available through the American Bar Association (see Resources).
