Divorce and Inheritance
Since most married individuals expect their marriages to be permanent, they often do not take into account how their inheritances will be affected should they get divorced. It is important to take inheritance into consideration regardless of the state of a marriage, as statistics show that nearly 50% of all marriages will end in divorce.
Though inheritance is usually left to only one of the spouses in a marriage, certain conditions may cause an inheritance to become joint property. If you recently received an inheritance and would like to learn more about protecting it in the event of a divorce, contact the Fort Lauderdale divorce lawyers of Eric N. Klein & Associates, P.A. at 954-580-8080.
When an Inheritance Becomes Joint Property
In most divorce settlements, individual property is not divided among the spouses. Inheritance is usually considered individual property since only one spouse receives it, but there are ways in which it can become joint property.
Typically, an inheritance becomes joint property when:
- Monetary inheritance is held in a joint bank account
- Property inheritance is invested in by both spouses
- The value of an inheritance appreciates over the course of the marriage
When inheritance becomes joint property, individuals who receive the inheritance may not get to keep the full amount in the event of a divorce.
It may still be possible to protect your inheritance with a postnuptial agreement even if it has become joint property. Contact the Fort Lauderdale divorce attorneys of Eric N. Klein & Associates, P.A. at 954-580-8080 for more information.