Meriwether & Tharp, LLC
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If you have divorce questions

Is my Inheritance Marital Property?

Although this is a common question, it is also a very complicated one to answer, because as with many issues concerning divorce, the answer to this question depends on the specific factual circumstances in each individual case. The general rule in Georgia is that an inheritance will be viewed as separate property not subject to division upon divorce, unless the funds or property are comingled.

Some examples may be helpful:

During her marriage, wife receives an inheritance from her grandfather after he passes away. Upon receiving the inheritance, wife places the funds in a separate account, and never mixed the funds with marital assets. Two years later, the couple decides to divorce, and husband threatens to take half of the inheritance. So long as wife never comingled the inheritance with marital assets (she always kept in in a separate account in her name only), it is highly unlikely the court will deem the inheritance marital property subject to division upon divorce.

Alternatively, let’s say wife deposited the inheritance into the joint marital account, or applied the funds to a jointly held investment account. In the event of divorce, husband’s threat to seek half of the inheritance is more concerning. By comingling the inheritance with marital funds, wife has transmuted the separate asset into a marital asset. Put another way, by mixing the inheritance with marital property, the inheritance becomes marital property subject to equitable division upon divorce.

Categories:

Equitable Division
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