Is your spouse entitled to your inheritance?
Subsequently, one may also ask, does my wife get half my inheritance?
In community property states where courts divide all marital property 50/50 in a divorce, your spouse is now entitled to half your inheritance. In equitable distribution states, where judges have the right to distribute property in a way they think is fair, your spouse will now receive a portion of your inheritance.
Also, can my partner claim my inheritance? In both community property and equitable distribution states, an inheritance received by a spouse prior to, or during, marriage is considered separate. However, if an inheritance is combined with community property, or "commingled," it may lose its separate nature.
Hereof, are inherited assets protected from divorce?
Generally, inheritances are not subject to equitable distribution because, by law, inheritances are not considered marital property. Instead, inheritances are treated as separate property belonging to the person who received the inheritance, and therefore may not be divided between the parties in a divorce.
Does inherited money become community property?
In most cases, inheritances are not subject to equitable distribution, lawfully, since they are not considered community property. Rather, inheritances are considered separate properties, meaning an inheritance belongs to the person who received the inheritance and it should not normally be divided between spouses.