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Many states have treat inherited property as a separate asset. However the Massachusetts Supreme Judicial Court has flatly rejected any rule that gifted and inherited assets should inure to the spouse who brought them into the marriage upon divorce. See Williams v. Massa, 431 Mass. 619, 626 (2000) (noting that Massachusetts "has no hard and fast rules" on the allocation of gifted and inherited assets in divorce proceedings, unlike many other states). Gifted and inherited assets are treated like any other property, in that the Probate and Family Court has "considerable discretion" in determining their distribution. Drapek v. Drapek, 399 Mass. 240, 243 (1987). Yet while the commonwealth does reject any "notion that inherited wealth should remain in blood lines," Bacon v. Bacon, 26 Mass. App. Ct. 117, 123 (1988) (Kaplan, J., concurring), the Probate and Family Court will look very closely at the overall "contributions" of the party who did not receive the gift/inheritance to the marital partnership and/or to the gifted/inherited assets (such as by managing those assets or helping them appreciate in value).
The fact that the you have yet to take possession of the property is a factor that should weigh heavily in having the inheritance pass to you without your spouse receiving them. I suggest you consult directly with your divorce attorney who to best understand how your court may address the situation.
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