Will my wife be entitled to any money I inherited from my family in our upcoming divorce?

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Will my wife be entitled to any money I inherited from my family in our upcoming divorce?

What if I buy a house to move into now, before divorce is complete?

Asked on October 1, 2012 under Family Law, Missouri

Answers:

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

Answered 8 years ago | Contributor

If you live in a community property state, community property is property acquired during marriage.  Community property 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.  Separate property also includes income before marriage or after the marriage ends.  A spouse has no claim to the other spouse's separate property.

The money you inherited is your separate property regardless of when you inherited it.  An inheritance is separate property.

If you are separated with no intent to reunite, property purchased such as the house would be your separate property and your ex would not have a claim.  However, it would be advisable to consult with a divorce attorney in your state before purchasing the house in case your state has a different rule regarding property purchased after separation but before the divorce is final.

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


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