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Do you have to split an inheritance with your spouse?

Published in Separate Property 1 min read

No, legally, you are not required to split an inheritance with your spouse.

Understanding Inheritance as Separate Property

An inheritance is consistently recognized as separate property under the law. This classification applies universally, regardless of the timing of its receipt—whether it is acquired before, during, or even after a marriage. Furthermore, this legal principle remains valid even if you reside in a community property state, where assets acquired during marriage are typically considered jointly owned.

Because an inheritance is legally deemed separate property, it stands apart from marital assets that might otherwise be subject to division in scenarios such as divorce. This means that, from a legal standpoint, your inheritance remains your individual asset.