What Happens To Inherited Property When You Get Divorced?

Getting divorced creates a lot of confusion. People want to protect their assets as much as possible. Some people even attempt to hide them, only to get caught later and lose credibility in court. However, the most precious wealth is one that you inherit from your family members, friends, or other close people. 

Inherited property almost always has sentimental value attached to them, so people fight for them until the end. If you wish to protect your inheritance, you may need to hire a Massachusetts divorce attorney. This is especially important if the other party has retained an attorney, as they might take advantage of your lack of legal knowledge. 

Division of assets during the divorce process

When a married couple in Massachusetts goes through a divorce, all of their collectively owned assets get divided among the two. The court follows an equitable method of distribution rather than equal. Keep in mind that only the marital assets mean the property owned by you and your spouse both gets divided. Any property that you or your spouse own individually is not counted. 

Is inherited property considered marital property?

It depends on a few factors. In general, any property you acquire after getting married is considered marital property. By this logic, property inherited during the marriage should also be considered marital property, but that is not the case. 

No matter whether you acquire your inheritance before or during the marriage, it is always considered your individual property. It is not subject to division in court and is kept separate. 

Are there any exceptions where inherited property is counted as marital property?

Every divorce is unique, which is why it is important to have an attorney who understands the property division laws. Inheritance is usually considered separate property, but there are a few exceptions. 

• If the inheritance was granted to you and your spouse as well, then your spouse has a right to it. Therefore, this property will be considered marital. 
• In some cases, the inheritance is granted to only one spouse but is later transformed into marital property by the couple itself. If your inheritance was placed in a joint account you and your spouse owned, the court is likely to consider it marital property. 

How to keep your inheritance safe and private?

• Keep inheritance money in a different bank account and not one owned by you and your spouse. 
• Be prepared to offer something else to your spouse in exchange for keeping the inheritance. 
• Talk to your attorney about strategies. 
• Do not attempt to hide your inheritance. It will only worsen the case.