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.
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