If I’m going to get a divorce, is my inheritance up for grabs if I got it 11 years before I was married?

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If I’m going to get a divorce, is my inheritance up for grabs if I got it 11 years before I was married?

The inheritance is not used for any of our basic needs. It just sits in a account, meaning I haven’t used the money for anything between us. We don’t own a house and we have no children. We’ve been married less then a year. We make the same amount of money in our jobs and split the rent and utilities.

Asked on April 19, 2012 under Family Law, Pennsylvania

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you live in a community property state, community property is property acquired during marriage which also includes income during marriage.  Each spouse has a one half interest in the community property.

Separate property is property acquired before marriage or after the marriage ends. This also includes income before marriage or after the marriage ends.  A spouse has no claim to the other spouse's separate property.

Your inheritance is your separate property and your spouse has no claim to it.  An inheritance is separate property whether it is received before or during marriage.

If you don't live in a community property state, other rules may be applicable.


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