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Is Inheritance Considered Marital Property?

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Upset Couple 2 20150917 193252 1When you get divorced, you may wonder if you are entitled to part of your spouse’s inheritance, acquired either before or during the marriage.

In most cases, inheritance is going to be treated as separate property, which is not divided equitably in Colorado divorces. Inheritance will generally be immune from division unless it is “comingled.”

What Are Comingled Assets?

Commingling occurs when inheritance assets are mixed together with joint marital expenses. If, for example, the inheritor puts the assets into a joint banking account which is then used to pay for a house for the couple, those assets are comingled and thus can actually be considered marital property for the purposes of division. This is true even if the inheritance was acquired before marriage.

If you are concerned about a future inheritance, the easiest way to prevent division is to lay out your terms in a prenuptial agreement. Prenups can be a contentious decision for a couple that plans to wed, but it is an important one that you should absolutely consider if you are concerned about your inheritance.

Speak with a Colorado Asset Division Attorney

If you have already comingled your inheritance into joint marital assets, there is still a way out of losing part of your inheritance to your spouse. You must prove in court that the funds were never intended to be shared. However, this is fairly difficult to prove. In this case, and in all matters of property division dealing with inheritance, you should speak with an asset division attorney.