Divorce and Inheritance
One of the most difficult aspects of any divorce is dividing the communal property. Everything in your shared life has to be divided between you and your spouse. Often this means parting with something special, or something you considered yours. Inheritance can be one such thing. Depending on the situation, property or money you inherited may be able to be claimed by your spouse. It’s important for you to know under what circumstances this can happen.
If you or someone you love is going through a divorce and is concerned about inheritance issues, contact the West Palm Beach divorce attorneys of Eric N. Klein & Associates, P.A. today by calling 561-353-2800
Where Does Inheritance Go?
Understanding how inheritance can be affected by a divorce requires understanding the two types of marital property:
- Community property. Community property is property which is owned jointly in the marriage. Usually, it is anything that the married couple gained ownership of while married.
- Separate property. Separate property is property brought into the marriage by each spouse, or received as a gift or inheritance. Separate property is not community property, although it can become community property in a number of ways.
Inheritance, then, is not community property which can be split, unless your actions transmute it into community property. For example, inheritance money put into a joint account your spouse is also a part of could be considered community property. If your spouse helps you pay inheritance tax on the money, the money could also be considered community property.
Contact Us
Inheritance is an important possession, and the laws surrounding it can be complicated. It can help to discuss your situation with a divorce attorney. If you’re going through a divorce and you’re concerned about what will happen to your inheritance, contact the West Palm Beach divorce lawyer, Eric N. Klein, by calling 561-353-2800 today.
