Inheritance question

HowManyBobs · 2021-08-17T14:22:59+00:00

In WI inheritance is not marital property. Just went thru it.

kls1042 · 2021-08-17T15:20:07+00:00

The law varies from place to place, but in TX and inheritance is not community property unless you re-purpose it to something that is. For instance, if you inherit $300K and then make that a down payment on a vacation property, I think you have made it community property. If you inherit that property and get divorced a year later with the property still intact, I don't think it is considered community.

teufelinderflasche · 2021-08-17T13:39:59+00:00

Don't make any of it community property. Keep the income to yourself and not in a shared account.

pegleg_legal · 2021-08-18T02:24:37+00:00

As with all legal answers, it depends what you've done with the property since it became titled in your name. It depends whether it is generating income. It depends whether you've comingled it somehow. Any YES or NO answer you receive here will be misleading. Talk to a lawyer or three who will ask you pointed questions to give you a real answer.

MGTOWayoflife · 2021-08-17T13:55:43+00:00

Get the money into South Dakota.

bslichy · 2021-08-17T20:17:15+00:00

My ex had inheritance from her father’s passing during our marriage. That was excluded from property settlement in PA.

Throwaway4120213 · 2021-08-17T20:28:37+00:00

Most states say inheritance regardless of whether it was inherited during the marriage is separate. Some exceptions such as if you were to have put significant time/additional capital into increasing the value of the property during the marriage.

Chance_Refrigerator7 · 2021-08-17T20:57:18+00:00

Inhereatence is not a marital asset. It is separate and remains with the person that is owed or has gotten it. All 50 states it's separate.

I hope that helps you out

jimsmythee · 2021-08-17T22:18:28+00:00

As long as you don't comingle that inheritance with ANY marital stuff.

Keep it non-liquid.

Even if you received this inheritance while you were married, it is still separate and sole property.

thedarkaquarian007 · 2021-08-17T13:42:15+00:00

That is a talk to a family law/ probate lawyer question.

ThrowAwayRAOoops · 2021-08-17T20:34:40+00:00

As long as your the one named and not both of you then unless your jurisdiction is different it's yours.

In California I believe it would be yours. Mine was. The income from the property however could be obligated to spousal and child support. If it isn't actually going into your pocket though and going into your business it could be safe.

Chance_Refrigerator7 · 2021-08-17T22:28:09+00:00

You will need to declare it on the divorce papers though. If you hide it then that doesn'took good.

Plus if there is any income derived from that inheritance that might be a marital asset. That's the only difference on that.

Check the laws yourself also. Your attorney should have told you this info.

SwamiSweatSocks · 2021-08-18T00:49:55+00:00

My ex used her inheritance probate to move community money so she “inherited” it. Paid off her late mom’s house with community money. She managed to keep it I just couldn’t keep up the court fight.

Title	Inheritance question
Author	eked-1213
Upvotes	7
Comments	27
Date	August 17, 2021 12:58 PM UTC (4 years ago)
Subreddit	Posted in /r/Divorce_Men
Original Link	https://old.reddit.com/r/Divorce_Men/comments/p639tu/inheritance_question/
Archive Link	https://theredarchive.com/r/Divorce_Men/inheritance-question.1058294 https://theredarchive.com/post/1058294

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