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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 33709
Experience:  Attorney with 15 years experience
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If spouse receives an inheritance before divorce is the

Customer Question

if spouse receives an inheritance before divorce is the inheritance part of the marital property and must it be shared during divorce procedings?
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: North Carolina
JA: Has anything been filed or reported?
Customer: No, I have not filed for share of inheritance. I learned of inheritance just before final divorce
JA: Anything else you want the lawyer to know before I connect you?
Customer: Is there a statute of limitations? She received the money and did not inform me of the actual receiving of monies before we divorced.. When I asked her how much she received, she said "It was none of my business" even though we were still married and living together as man and wife
Submitted: 1 month ago.
Category: Family Law
Expert:  Barrister replied 1 month ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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if spouse receives an inheritance before divorce is the inheritance part of the marital property and must it be shared during divorce procedings?

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No, gifts and inheritances are considered the separate property of the recipient and are not marital property that is subject to division in a divorce. The recipient would have to take affirmative action to convert them to a marital asset like adding a spouse to a deed or mixing inherited money with marital money by depositing it into a joint account.

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Otherwise, an inherited asset maintains that characterization indefinitely.

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<p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;line-height:
normal">I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister