How to Protect Your Inheritance from Marital Claims
Hello, my name is Dylan Savage of Wirth Law Office. Today we are going to discuss whether or not your spouse can get any portion of your inheritance, and that goes for whether or not you are facing a divorce imminently or if you are happily married.
So the answer, most of the time, is that your spouse cannot touch your inheritance. If you have inherited it directly from a probate, from your parents, or from any other individual, it is considered separate property.
Keeping Your Inheritance Separate
Now there are a few ways that you can inadvertently make that inheritance marital property, so you need to be careful. If you’ve received that inheritance and it went straight into a separate account, you should be fine. However, do not co-mingle those inherited funds with a joint account.
It’s essential to avoid giving access to that account to your spouse. That inherited money needs to be kept completely separate.
Protecting Real and Personal Property
The same principle applies to any property, real or otherwise. Vehicles, land, and any other inherited assets should remain completely separate to ensure they remain protected. Additionally, do not allow your spouse to make permanent or increased changes to the inherited property as this could raise questions about its value and ownership.
If you have a piece of property, for example, that is in a different state or even in the state you are living in and it is just left alone, that property will still be considered separate property during a divorce proceeding. This is because it was never increased in value due to the marriage, and your spouse never had their name on it or any other connection to that property.
Final Thoughts on Inheritance and Divorce
To summarize, most of the time, your spouse cannot claim your inheritance unless you take action to connect them to your inherited property or funds. Therefore, make sure to avoid co-mingling your marital funds with your inherited funds, and do not connect your spouse to your inherited property. Otherwise, they may have a claim to that inheritance.
Get a Low-Cost Consultation
If you found this information useful or believe that another person could benefit from it, please visit theoklahomaattorney.com. You can find a Oklahoma City attorney at Wirth Law Office there. My name is Dylan Savage, and I hope you enjoyed this video. For personalized advice, call a divorce attorney in OKC at 405-888-5400 for a low-cost consultation.
