Most resources that spouses own jointly are at risk during a divorce. The home where they live together, the income they earned during the marriage and any other thing sources are subject to division or may influence the division of property and shared debts.
Other assets could theoretically be separate property that belong to one spouse and do not affect the distribution of property or debts. The courts recognize that separate property may belong solely to one spouse or the other. The law includes inherited assets in the short list of property that could remain separate.
When is property inherited by one spouse during their marriage vulnerable to division during a divorce?
When commingling occurs
When one spouse receives an inheritance, they can keep the money or property they receive separate from the marital estate. They may need to open a separate bank account or take other steps to ensure they do not treat the inherited resources as marital property.
Depositing the money into a joint account, adding a spouse to ownership paperwork or otherwise giving them direct control over inherited property could constitute commingling. There may be questions about whether those assets have become part of the marital estate due to treating them as marital property. If one spouse can show that commingling did occur, then the inheritance may be part of the marital estate and subject to division.
Reviewing financial records with a lawyer can help people determine if they have resources they can protect as separate property. People who understand the law and the property division process can plan more effectively for a divorce.