I am getting married soon and my mom wants me to get a pre-nup because she has inheritance money and house that will be passed down to me through a trust. From what I’ve read, it looks like this inheritance can’t be touched by a spouse if it is passed to me in my name only. Is that correct? Now what if down the road, she passes away, and I inherit the money/home. If I use that money for something, then that item is “marital property” now, right? What if I decide to make a trust in which I leave the money to our (future) kids? Can he touch it then?
Thanks so much!!!
An inheritance is your separate property, even if received after the marriage. So long as you keep in separate, it will remain untouchable by your spouse in the event of separation and divorce. If you use the money for martial purposes, you will not be able to get it back as it will be considered a gift to the marriage. You can pass the money to your kids without it becoming marital.
Thanks for your reply. What constitutes marital purposes? For example, if I used the money to buy a car in my name, would that be individual? But if I used it to pay the mortgage on a home we both have our names in, then that would be marital? I can’t really think of any other circumstances that would constitute marital property…
Yes, a car in your sole name would remain your separate property, and yes, using the money towards the mortgage on the marital home would constitute a gift to the marriage. Using the money to purchase everyday items, vacations, a jointly owned car, ect are other examples of using the money for a marital purpose.
Thank you so much. You’ve made my life so much easier right now!
You are very welcome, I wish you all the best!