Inherited Money or Property? Here’s How to Protect It in a Virginia Divorce
If you are married and inherited money, real estate, or other assets, you may naturally assume they are yours to keep, no matter what. Unfortunately, this isn’t always the case under Virginia law. If you get a divorce in Virginia, your spouse may be entitled to a share.
Our experienced Virginia divorce lawyer explains how courts handle inherited assets in property division and how to protect your rights.
Why Inheritances Are Not Always Protected in a Virginia Divorce
Property division in a Virginia divorce can be contentious, especially when inherited assets are involved. The person who left these assets intended for them to go specifically to you. Why should you have to share them with a former spouse?
Under Virginia Code Section 20-107.3, an inheritance is classified as separate property, meaning it belongs to the spouse who received it and a court cannot divide it in a divorce. However, an inheritance can lose that classification. If it’s mixed with marital property and can no longer be traced back to the source, it becomes subject to division in a Virginia divorce. Common ways this can happen:
- Depositing inherited cash into a joint checking or savings account used for household expenses.
- Using inherited money to purchase a home, vehicle, or other asset and titling it in both spouses’ names.
- Using marital funds to improve or maintain inherited real estate.
- Not keeping records that document the source and handling of the inheritance.
- Retitling inherited accounts or property into joint names.
These types of actions are common in a marriage and can jeopardize your inheritance in a Virginia divorce, but there are steps you can take to protect yourself.
How to Protect an Inheritance Before and During a Virginia Divorce
Protecting an inheritance during a Virginia divorce is much easier if you start early. Put these funds in an individual account when you receive them, title assets in your name alone, and consider a postnuptial agreement.
If you have already filed a divorce petition through the Virginia Family Court, it is not too late. To give yourself the best chance of keeping what is rightfully yours, take these steps:
- Gather estate planning documents and other records showing the source of the inheritance and when you received it.
- Get bank statements that document how the funds were handled from the moment they arrived.
- Review any accounts or properties to confirm they remain titled in your name alone.
- If you inherited real estate, document separate versus marital contributions to its value.
There’s no doubt that dealing with inherited property in a Virginia divorce can be challenging. To protect it, get professional legal representation.
Consult Our Experienced Virginia Divorce Lawyer
Inherited assets should stay in the hands of the person who received them. At Schwartz Kalina, PLLC, we have years of experience handling these cases and provide the knowledgeable legal representation you need to protect them. To consult our experienced Virginia divorce lawyer, call or contact us online today.
Sources:
https://law.lis.virginia.gov/vacode/title20/chapter6/section20-107.3/
https://www.loudoun.gov/114/Juvenile-Domestic-Relations-District-Cou
