Inherited Property

If your wife was never mentioned in the inheritance then she has no claim to it. For example, if inheritance is listed in the will as being left to or the property of “X” but makes no mention of “Z” then unless “X” gifted the property to “Z”, then “Z” has no claim to it. Inheritance is considered separate property even if received while married.

Any money that you inherit in your sole name is your separate property regardless of when you receive the property.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax


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 but a full discussion with an attorney should be undertaken before taking any action.

Family members are in a position to sell inherited property in another state. I am separated and my wife moved out in February without an agreement. Is she entitled to 1/2 of my proceeds from the sale of this property prior to official divorce?