The Law Offices of Christine G. DeBernardis

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Can my wife take my inheritance in the divorce?

Very popular question!  I often get this question – can my wife take my inheritance in the divorce? or can my husband take my inheritance in the divorce?

In my experience, most judges look to keep “family money” within a family.  If your parents saved their entire life and leave you money, it should be for you – not your divorced spouse.  That said, in some ways, the inheritance can be considered  a marital asset.  In my practice, I see many couples arguing over inheritances when there is no need to fight – some are very clear cut due to the facts of their situation.  However, some are not.  It is very dependent on when you received it, how you received it, what you did with it, etc.  This question is very fact specific, so be sure to seek individual advice from an attorney for your case.  That will help you determine your best solution and path accurately.


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