Can an Inheritance Be Divided During a Divorce?

Divorce can be an incredibly complex and emotionally challenging process, especially when it involves the intricate matter of dividing assets. At Atticus Family Law, we frequently come across a common question from our clients: “Can an inheritance be divided in a divorce?” This is a crucial inquiry that requires a thoughtful examination of various factors and a nuanced understanding of the law.

Navigating the complexities of dividing assets in a divorce, including inheritances, requires careful analysis and skilled legal representation. At Atticus Family Law, we are dedicated to providing our clients with the support and guidance they need during this challenging time.

Understanding Non-Marital Assets in Minnesota

In Minnesota, property during a divorce is categorized as marital or nonmarital. Marital property, which includes most assets acquired during the marriage, is subject to equitable division. Non-marital property, on the other hand, typically remains with the original owner.

Inheritances usually fall under the category of non-marital assets, along with premarital assets, personal injury settlements, and gifts. However, there are circumstances where an inheritance may be considered marital property, particularly if it was commingled with marital assets.

Commingling of Assets

Co-mingling occurs when non-marital assets, like an inheritance, are mixed with marital assets. For example, if you deposit your inheritance into a jointly owned bank account, it could be considered co-mingled. Once commingling occurs, tracing the non-marital asset becomes difficult, and the court may deem it marital property, making it subject to division.

Protecting Your Inheritance

To safeguard your inheritance, consider these actionable tips:

1. Keep Separate Accounts: Deposit your inheritance into a separate account held solely in your name. This can help maintain its status as a non-marital asset.
2. Avoid Using Inheritance for Marital Expenses: Using inherited money for marital expenses, such as paying off a mortgage or renovating your shared home, could lead to it being considered marital property.
3. Consider a Prenuptial Agreement: If you expect to receive an inheritance, a prenuptial agreement can clearly define it as your separate property, protecting it from a potential division in a divorce.

The Importance of Legal Representation

Divorce proceedings can be intricate, particularly when non-marital assets like inheritances are involved. At Atticus Family Law, our experience in family law cases, especially divorces, enables us to guide clients through this complex process, ensuring their rights and interests are protected.

Contact Atticus Family Law

While inheritance typically falls under the category of non-marital assets in Minnesota, there are circumstances where it may be considered marital property and subject to division. This can occur when the inheritance funds are commingled with marital assets or utilized for the benefit of both spouses. Therefore, it’s essential to seek experienced legal representation to navigate these complexities effectively and ensure a fair division of assets. At Atticus Family Law, we understand that every situation is unique, and we encourage you to reach out to us for personalized counsel tailored to your specific circumstances. Our team is dedicated to providing you with the guidance and support you need during this process.