If my husband received an inheritance from his parents, do I have any rights to it?

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If my husband received an inheritance from his parents, do I have any rights to it?

It includes property (some of which will be sold) and cash; he wants to keep this money separate and not “comingle” it with me. We have been married 25 years and I have stayed home 17 years of that to raise our children. All of or other money(and property we won) is combined. His reason for doing this he says is that if we divorce I will not have access to those funds.

Asked on January 14, 2016 under Family Law, Ohio

Answers:

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

Answered 5 years ago | Contributor

The rule is that inherited money remains the separate property of the spouse who inherited it. That is so long as it are not "co-mingled" with joint marital assets. Since your husband seems intent on not co-mingling these funds, assuming that he does not do so, the money will remain his sole and separate property.
At this point, it would be a good idea to contact a divorce attorney directly. They can further advise you in general on how to protect your financial interests in the event of a divorce.


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