If i ask for a divorce, will my spouse have a right to the inheritance that I am about to receive?

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If i ask for a divorce, will my spouse have a right to the inheritance that I am about to receive?

My father recently dies and I will be coming into some money 25,000. Can my husband get any of it?

Asked on April 29, 2018 under Family Law, Massachusetts

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

In a divorce, inherited property is considered to be the receiving spouse's sole and seperate property. At least as long as it is not "commingled" with joint marital property. Therefore, if you deposit your inheritance in an account that is in your name only, then your husband will have no rights to it.


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