If my father is terminally ill and I am getting divorced, is my ex-husband entitled to 1/2 of my inheritance if my father dies before our divorce is final?

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If my father is terminally ill and I am getting divorced, is my ex-husband entitled to 1/2 of my inheritance if my father dies before our divorce is final?

Asked on October 21, 2011 under Family Law, Oklahoma

Answers:

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

Answered 9 years ago | Contributor

As a general rule, assets inherited during marriage are treated as separate and not marital property. This is true so long as the property can be "transmutted" (i.e. converted) from separate into marital property. This can happen in several ways, including the failure to keep the property separate by commingling it with marital property (e.g. putting it in a joint bank account).

So, if you do inherit the money prior to your divorce be finalized, it is your and your alone as long as you don't co-mingle the funds.


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