When Am I Entitled to Inheritance Money in an Illinois Divorce?

DuPage County Attorneys Assist With Dividing Divorce Assets

During your divorce, you and your spouse will need to consider multiple types of property and determine how different assets and debts will be divided between the two of you. As you address concerns related to property division, you may be unsure about whether certain assets will be classified as marital or non-marital property. Inheritances received by either party may involve complex issues, and you may wonder whether you are entitled to any part of an inheritance your spouse received.

When it comes to being entitled to your spouse's inheritance money in a divorce, every circumstance is different. However, it is likely that you will not have a claim to his or her inheritance money. Our team of lawyers at Mirabella, Kincaid, Frederick & Mirabella, LLC can advise you on what factors you will need to consider and what steps you can take to protect your financial interests. For help with specific issues involved in your case, contact us to set up an appointment.

Rights Regarding Inheritances During Property Division

If your spouse has proper documentation showing that money or assets they received were solely titled and intended to be inherited by him or her, it will be difficult to make a claim. However, while courts will often rule in favor of the spouse who received money or assets as an inheritance, there are some circumstances in which you may be entitled to some of the money or assets your spouse received. For example, if your spouse deposited inheritance money into a joint-owned account and did not keep it separate from marital funds, then you may have some grounds to a claim. Likewise, if your spouse used an inheritance as part or all of the down payment on your marital home, this may be considered a gift to the marital estate, and the equity you own in your home may be a marital asset that will be divided equitably during your divorce.

If you will be receiving an inheritance, the best way to protect yourself is to keep your partner's name off any paperwork. Make sure to keep money in a separate account, and if you use the assets to make any purchases that will be used by your family, it is a good idea to create a written agreement stating that the purchase was made using money solely owned by you. If your partner's name is on the account where an inheritance is held or on any other documents related to these assets, then it may be possible for them to prove that the assets were commingled with marital property, giving them a claim to it. Keeping inheritances and other non-marital assets separate will convey to the court that they should remain your own.

Contact Our DuPage County Property Distribution Lawyers

Inheritances and gifts can lead to complicated concerns when dividing assets in a divorce. At Mirabella, Kincaid, Frederick & Mirabella, LLC, our goal is to make the divorce process easy for you, but we will remain diligent to ensure that you receive the property to which you are entitled. If you live in DuPage, Kane, or Kendall County, you can contact our offices to schedule an appointment and benefit from our decades of experience. Call 630-665-7300 now so we can start on your case right away.