Oftentimes, the most complex aspect of divorce is the process of distributing property. In Nevada, property can either be separate property or community property, the latter of which is subject to distribution. Separate property, on the other hand, will be retained by the spouse to whom it belongs. If you received an inheritance, you may be wondering if you will have to split it with your spouse. Continue reading to find what happens to an inheritance during a divorce.
Inheritance and Divorce
If you lost a loved one and received some of their assets and property, this is known as an inheritance. Even if you did not receive these assets through a will or trust, it may still be considered an inheritance. Generally, any property obtained during a marriage is considered community property to which both spouses will have an equal ownership right. However, inheritances and gifts are typically not considered community property.
Regardless if you received your inheritance during the marriage or before you tied the knot, an inheritance is usually considered separate property. Therefore, it will not be subject to distribution if you ultimately decide to part ways.
That said, there are some exceptions to this rule:
- Commingling: Inheritances can sometimes involve a substantial amount of money. If you kept it in a bank account that was separate from other marital funds, you could easily ensure that it is still classified as separate property. However, if you put it in an account where funds became commingled, proving that it is still separate property may become a challenge.
- Transmutation: If you assigned ownership of an inheritance to your spouse, the court may also consider this community property. For example, if you inherited a house and added your spouse’s name to the deed, it may be subject to distribution.
If you received an inheritance, it is essential to keep detailed records to prevent your spouse from claiming any ownership of your assets.
Speak to One of Our Skilled Divorce Lawyers About Your Case Today!
If you are getting divorced and have concerns about your inheritance, the knowledgeable legal team at Ford & Friedman can provide the guidance and advice you need to navigate it. You can rely on us to create the personalized solutions you need to protect your interests.
Do not hesitate to reach out to our team today at (702) 904-9898 to schedule a consultation with one of our attorneys to discuss the details of your divorce.