If I have property in my own name whichI received as an inheritance, is my spouse eligible to receive a portion?

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If I have property in my own name whichI received as an inheritance, is my spouse eligible to receive a portion?

Asked on March 13, 2011 under Family Law, Ohio

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The general rule is that any assets acquired during marriage are marital assets.  However, there are exceptions to this rule.  For example, inherited or gifted is considered to be separate property (whether received before or during the marriage) and therefore is the sole property of the spouse who received it.  Accordingly, it is not subject to division or distribution in a divorce.  However, separate property can be "transmuted" (turned into) marital property.  Transmutation can occur when:

  • Separate property becomes so commingled as to be untraceable
  • Separate property is used by the spouses in support of the marriage
  • Property is titled jointly or otherwise used so as to show an intent by the spouses to make it marital property

Without more facts of your specific case its hard to advise further.  Atthis point, you should consult directly with a divorce attorney in your area.


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