If I’m getting divorced, will my soon-to-be-ex have any claim to the inheritance that I received from my late mother?

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If I’m getting divorced, will my soon-to-be-ex have any claim to the inheritance that I received from my late mother?

I was married 4 years ago and 2 years later my mom passed and left me inheritance. I purchased a house and car with the money. I’m disabled and getting a divorce because of physically abuse. Does he have any claim on this inheritance since it was not combined income?

Asked on June 12, 2015 under Family Law, Maine

Answers:

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

Answered 5 years ago | Contributor

Generally an inheritance is considered to be separate property; this includes any items purchased with such money. That having been said, it is improtant that the inheritance was not co-mingled with joint property, if it was some or all of it could now be classified as marital property (which would be subject to division in a divorce). So in this case, if you bought the house with money the you inherited, it would be yours. This is true unless your husband either contributed money, or put time and effort, which added to the value of the home. For example, did he build, or help to pay for, an addition to the house?

Without more details, its hard to say more about your situation. At this point, you can consult directly with a divorce attorney in your area.


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