In a divorce, am I entitled to get half of my husband’s money if it is an inheritence or probate settlement?
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In a divorce, am I entitled to get half of my husband’s money if it is an inheritence or probate settlement?
I got married a week ago to a man who is awaiting a probate settlement because his grandfather died down there with no Will. He is worried that if we don’t work out am I going to be able to be awarded any of his money in the divorce.
Asked on July 13, 2011 under Family Law, Indiana
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
No matter what state that you live in (community property or equitable distribution), separate property is not divided in a divorce. And an inheritance is deemed to be separate property. So no matter when you were married your husband's inherited property will remain his. You will have no claim on it.
That having been said, such property should be keep apart from any joint property. If separate property is "co-mingled" with marital property it can "transmute" (i.e. change into) a marital asset. This then would be capable of being divided between the parties. So has long as he doesn't deposit his inheritance into a joint bank account or the like, it should be safe from any claim that you may try to make against it in a divorce settlement.
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