What happens if your child inherits from you and then gets a divorce?

January 18, 2023

If your child inherits property or assets from you and then gets divorced, the inherited property or assets may be considered separate property and may not be subject to division in the divorce.

In general, separate property is property that is owned by one spouse prior to the marriage, or that is acquired during the marriage by gift or inheritance. Separate property is not considered part of the marital estate and is not subject to division in a divorce.

However, there are some exceptions to this rule. For example, if your child inherits property from you and then mixes that property with marital property (such as by depositing inherited money into a joint bank account), the inherited property may lose its separate character and become part of the marital estate. In this case, the inherited property could potentially be subject to division in a divorce.

It is always a good idea for individuals to consult with an attorney in the event of a divorce to determine how their property will be divided and to ensure that their rights are protected.

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