Inheritance/Stock

What will happen to the stock my husband ( only his name was on the will) inherited while we were married?

Any assets inherited during the marriage are the separate property of the spouse that inherited them, and the other spouse has no right or claim to the inherited assets.

The exception to this would be if the inheritance became comingled with marital funds (for example, the inheritance was deposited into a checking account in which money is routinely deposited and withdrawn or spent in the account, such that it would be impossible to trace if the inheritance was still in the account or not) or if the inheritance is used as to purchase to real property that is titled in both spouse’s names (this transforms the inheritance to marital property).

For a stock inheritance, unless it is comingled with marital stocks in the same account, it will be the separate property of the inheriting spouse.


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.