If your spouse was not named in the inheritance and you do not give it to the marriage it is considered separate property. The part that you used to pay of the mortgage would be considered a gift to the marriage providing that it was prior to the date of separation…
The remaining amount in the retirement is considered yours alone.

The money that you put towards the mortgage is considered a gift to the marriage unless the house is titled in your name only. The remaining money is considered your separate property.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

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If I inherit money from my parent’s estate during my marriage, is my spouse entitled to any of this? Some of the money I inherited is still in a BDA retirement account in my name only and some of the money I received went to pay off the mortgage on the house.