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originallawyer
originallawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 879
Experience:  9+ years of experience in divorce, custody battles and mediation.
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I live in the state of CO and I am getting an inheritance

Customer Question

Hello, I live in the state of CO and I am getting an inheritance soon. I would like to make sure if my husband and I get a divorce, he won't get any of this money. Is there a way to do that?
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Colorado
JA: Has anything been filed or reported?
Customer: No, we aren't in the process of getting a divorce, I just want to make sure, as a "just in case" scenario.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No, I don't think so.
Submitted: 2 months ago.
Category: Family Law
Expert:  originallawyer replied 2 months ago.

Hello! Please stand by as I work on your answer!

Expert:  originallawyer replied 2 months ago.

Good news! Any money you inherit is considered your separate property. He has no claim on the principle.

If your money grows (ie you put in a savings account and it earns interest, or you invest it) he would have a potential claim to part of the interest or growth, but not the principle. Similarly, if you bought a rent house with your inheritance, and you obtained income from renting it out, he would have a claim to part of the income from the separate property.

So if you absolutely do not want to have him have any access to the growth from your inheritance, you can a) put it in a non-interest bearing account and don't let it make any any money or use it to buy income producing properties, etc. or b) you can have an attorney draft a post nuptial agreement that states that your inheritance and any proceeds/income from your inheritance are your separate property and he has no claim to it.