Each state’s divorce laws are different. Whether your jurisdiction treats inherited property as marital property is something you will need to determine by inquiring with an attorney who knows your jurisdiction’s laws.
In the jurisdiction where I practice law (Utah), gifts from persons other than your spouse and inheritances are considered separate property and will stay separate property unless they are “commingled” with marital property, meaning that if you were to receive an inheritance from Uncle Milt and then use that money to buy a family house or car in your and your spouse’s name the house or car would become marital property. *
*There is an exception to this rule that can sometimes come into play, which is known as “tracing” If one can “trace” the inherited money that went in to the purchase of the family house or car, you may be able to get what money you contributed to the purchase credited back to you as your separate property.
So if you know you are going to inherit money in the next five years, technically that shouldn’t be a divorce concern, right? After all, gifts from someone other than your spouse and inheritances are non-marital and separate property, right?
Utah Family Law, LC | divorceutah.com | 801-466-9277