Inheritance and Seperation

Any money that you receive as an inheritance is your separate property. Your Husband would only have an interest in this property if it was also left to him. If you have a very significant separate estate it may have some impact on the division of assets, but it does not mean that your Husband would be entitled to keep his entire inheritance.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Voice: 704.307.4600
Main Fax: 704.943.0044

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax


The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.

Thank you. I kinda thought that if I received land and my husband and I divorced that he would not be entitled to it. Or be able to hold it against me in order to protect his retirement.

If I am due to inherit property from my deceased father, and am still living with my husband, and he requests a seperation and then divorce, would he be entitled to my property? Basically, can he use it against me to try and save his retirement?