Can repayment of inheritances be included in separation agreement

While we were married, I cashed out two retirement plans, sold my parents’ home that I inherited, received $17,000 in inheritance from a great uncle. All of these funds are now gone – spent under false circumstances. Can I include some sort of statement in a separation agreement that, if my ex-husband were ever to have the funds to repay these, he could be legally bound to do so? Sorry if this is not clear – it’s complicated!

Yes, you can include such a provision in the separation agreement but it’s not likely that your husband would agree as there is likely no legal basis for such a provision.

When separate property (for example, an inheritance), is used for the benefit of the marriage or an expense of the marriage, it is considered a gift to the marriage and cannot be repaid.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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