What Happens to Inherited Property in a Divorce?
Inherited property is the property that you receive after someone dies. It can be money, real estate, or any other type of asset. The concept behind inheriting property is to allow someone to give something they have worked their whole life to acquire to someone else. Often, inheritance is used for families to pass wealth from one generation to the next.
In Georgia, regardless of whether you received the property before or after the divorce, the inherited property is considered your separate property after a divorce. This means the inherited property will not be considered part of the marital estate. Therefore, it is not subject to division but instead remains the property of the person who received the inheritance.
That said, depending upon the actions taken with the inherited property after it was received, the inherited property that initially was separate property can become marital and subject to equitable division.