Inheritance considered marital asset?

I am looking at possible separation/divorce in the next year or so. Is inheritance considered a martial asset if I am currently married. I prefer to shield potential “family” assets from spouse.

An inheritance is the separate property of the spouse that acquired it, even if it was acquired during the marriage. The other spouse is not entitled to any portion of the inheritance.

The exception to this would be if the spouse acquiring the inheritance later comingled it with marital funds in a bank account or deeded real property to the joint names of both spouses for example. In these instances, the inheritance would become marital property subject to being divided between Husband and Wife.

Anna Ayscue

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

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.