FAQ: If I inherit money from my father do I have to split it with my wife

Inheritance QUESTION:

I might be getting a divorce soon. I’m concerned that if I inherit money before my divorce that I have to give my wife half of it money.

Attorney Kenneth White’s ANSWER

Assets received from an inheritance or gifts received from third parties are immune from equitable distribution, provided you do not commingle such assets. For example, if you receive $100,000 and keep that asset in a separate account from your spouse and you get divorced that $100,000 will remain 100% yours. However, if you take that $100,000 and put the same in a joint account and start satisfying joint expenses or take that money and purchase a new asset in joint names that money will be considered “commingled” and will be subject to equitable distribution.

Subscribe To Our Newsletter

Get updates and learn from the best

Contact Us For Help

Contact Us For Help

Your Family,
Your Future

Disclaimer

The information you obtain at this site is not, nor is it intended to be, legal advice. This website is designed to provide general information only, and does not represent the opinions of Shane and White, LLC attorneys. The information is not guaranteed to be correct, complete or up to date with recent legal developments, verdicts or settlements. You should consult an attorney for advice regarding your specific facts/circumstances/case. We invite you to contact us and welcome your calls, letters and emails, but note that contacting us alone does not create an attorney-client relationship. If you would like advice regarding your individual situation, you should contact Shane and White, LLC. to schedule a consultation to obtain legal advice. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

No aspect of this advertisement has been approved by the Supreme Court of New Jersey.