What Happens To Inherited Property In A Boston Divorce?

Even though you might be happy about finally getting out of a bad marriage, one thing during divorce can be utterly stressful: division of property. In Massachusetts, all the property owned by both spouses is considered divisible in a divorce. This may also include inheritances, along with other types of property. 

If you wish to protect your family inheritance in case of a divorce, it is best to speak to a divorce lawyer Boston immediately. It is natural that you do not want to lose something precious that your family has passed on to you. Many people believe that inheritance is untouchable, but that is not true. Read this blog to find out how your spouse may be able to take your inheritance. 

Do any of these situations apply to you?

If you want to hold onto your inheritance in a divorce statement, you must qualify for any of the conditions given below:

• You received the property before your marriage.
• You received the property after divorce procedures were already underway.
• You have not mixed it with the assets that you and your partner share.

Your case should have already been settled if you and your spouse excluded inheritance from division through a prenuptial or postnuptial agreement. Seek the help of an experienced attorney to help review your prenup or postnup agreement.

Are inheritances separate or marital property?

During a divorce in Massachusetts, a property is divided into two classes, which are marital and separate property. In simpler words, if a person obtains any property before his marriage, it is called a separate property. However, marital property includes any item or income generated during a divorce. 

In many divorce cases, when the question arises of who will get the separate property, it is generally received by the person who owned the property before marriage. Therefore, the original owner can avoid splitting up the property if the inheritance is obtained before the marriage. 

It is important to know that any future inheritances are excluded from the divorce agreements. Things can get really complex when inheritances are obtained during a marriage.

Can your spouse lay claim to assets you might inherit in the future?

An interesting fact to know is that if one of the spouses will inherit some amount in future assets or income, the other spouse will also have the right to some of that amount. Your relatives, such as uncles, aunts, or grandparents, might not provide you with the details of their assets, financial situation, or estate plans. 

For such circumstances, the court allows a Vaughan Affidavit. This allows the divorcing spouse to get some information from their relatives about the inherited property to support the most equitable division. This affidavit contains some information about future inheritances, which allows the court to make informed rulings on the matter of property division.