Inheritance


#1

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.


#2

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.

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Helena M. Nevicosi
Attorney with Rosen Law Firm

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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.


#3

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.