Inheritance feels personal. It might come from a parent or relative who trusted you to use it wisely — and naturally, you would expect it to remain yours no matter what happens in your marriage.
However, in divorce, the law does not always treat inheritance as off-limits.
What the law says about inherited assets
The law generally considers anything you inherit to be separate property. That means it legally belongs to you alone — not shared with your spouse — even if the inheritance was received during the marriage. But that protection depends on how you handle the inherited money or the asset. Just because something started out as separate doesn’t mean it stays that way.
When inherited property becomes marital property
The fastest way to lose the separate status of your inheritance is by commingling it — that is, mixing it with joint funds or using it for shared expenses. For example, if you deposit inherited money into a joint bank account, use it to renovate the family home or pay off shared debt, the court may consider that inheritance “marital property.”
Even if your name is on the account or title, how you used the asset often carries more weight than who received it.
How to keep inherited assets separate
If you’re concerned about preserving an inheritance, timing and documentation matter. Keep the funds in an individual account, avoid using them for household or shared expenses and track where the money goes. If the lines start to blur, the court may see it as marital property, whether that was your intent or not.
Don’t assume it’s safe just because it’s yours
Even assets that feel deeply personal — like an inheritance — can become part of the divorce conversation if you are not careful. If you’re unsure whether yours is protected, now is the time to get clarity. It is much easier to safeguard an inheritance before the process begins than to fight for it after the fact.
