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Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 53986
Experience:  Attorney with 29 years of experience.
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What are my legal rights inheritance in a divorce

Customer Question

What are my legal rights for an inheritance in a divorce
Submitted: 7 months ago.
Category: Legal
Expert:  Richard replied 7 months ago.
Good morning. My name is ***** ***** I look forward to helping you. Gifts and inheritances are the sole and separate property of the spouse receiving them. As long as they are not commingled and remain in the name of the recipient, they remain the recipient spouse's sole and separate property and are not marital property. Thus, they are not subject to division in a divorce. Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!
Customer: replied 7 months ago.
Once the inheritance is in our joint checking account is it subject to division ?
Expert:  Richard replied 7 months ago.
Unless the recipient spouse can clearly trace the inheritance, then these would then be considered jointly owned funds. If the money was just put in recently, then it would be pretty easy to trace it. But, the longer the time it's there, the more difficult it is to trace.

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