Property division can be a complex process, as the courts divide all marital assets equitably. However, matters become more complicated once you factor in your inheritance. What will happen to your inherited property during a divorce?
Answering this question depends on how you handle your inheritance. Consider learning the Ohio statutes governing this type of asset to help you navigate property division confidently.
Separate and marital property
When you receive an inheritance, it qualifies as separate property. This means that the courts will not divide this asset between you and your spouse, regardless of whether you obtained it before or during the marriage. However, your inheritance can become marital property if you use it for the benefit of your marriage.
When an inheritance turns into marital property
Your inherited asset can turn into marital property if you mix it with marital property. This act is known as commingling, which can include the following actions:
- Titling an inheritance jointly
- Depositing an inheritance into a joint bank account
- Using the inheritance for joint expenses
- Buying a family home
If you did any of these, the courts may consider your inheritance as marital property.
Ways you can protect your inheritance
Pre and post-nuptial agreements can help you protect your inheritance. These binding documents should clearly indicate that this type of asset is separate property. If you do not have one, presenting documents of your inherited asset can assist in proving that it is free from commingling.
Moving forward with property division
Property division can be challenging, especially when inheritance is involved. Consider reviewing Ohio statutes to learn more about separate and marital property, helping you make informed decisions during a divorce. An asset division lawyer can also offer advice on your unique situation.
