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San Jose Divorce Attorney > Blog > Divorce > I Received an Inheritance During My Marriage, How Do I Make Sure I Get This in the Divorce?

I Received an Inheritance During My Marriage, How Do I Make Sure I Get This in the Divorce?


Divorce can be a complex and emotionally charged process, particularly when it involves dividing assets acquired during the marriage. If you have received an inheritance during the course of your marriage and are concerned about how it will be treated in the divorce, the experienced San Jose divorce attorneys at Foster Hsu LLP can guide you through the necessary steps to protect your inheritance.

Understanding Inheritances in Divorce:

Inheritances are typically considered separate property under California law, meaning they are not subject to division during divorce proceedings. However, certain factors can complicate this matter, leading to potential disputes. To ensure that your inheritance remains protected during the divorce, consider the following steps:

  1. Document and Segregate:

It is crucial to keep thorough records of your inheritance. This includes any documents, such as wills, trusts, or statements from the executor, that confirm the inheritance. Keep these assets separate from joint marital assets to avoid any commingling that might blur the lines between separate and marital property.

  1. Consult with a Family Law Attorney:

Early consultation with a skilled family law attorney is essential to understand your legal rights and options. An experienced attorney can assess your situation and provide tailored advice on how to best protect your inheritance.

  1. Prenuptial or Postnuptial Agreement:

If you received an inheritance before marriage or during the marriage and want to ensure its protection in the event of a divorce, consider drafting a prenuptial or postnuptial agreement. These legal agreements can outline the treatment of your inheritance and other assets, providing clarity and protection in case of a divorce.

  1. Maintain Transparency:

Open and honest communication with your spouse is crucial throughout the divorce process. Be transparent about your inheritance and how you intend to handle it. This can help prevent misunderstandings and potential disputes down the line.

  1. Seek Professional Valuation:

In some cases, if an inheritance has increased in value during the marriage due to investment or other factors, determining its exact value at the time of marriage and divorce can become complex. Enlisting the help of financial experts and appraisers can ensure accurate valuation.

Navigating the Divorce Process:

Divorce is a multifaceted process, and the treatment of inheritances adds an additional layer of complexity. The attorneys at Foster Hsu LLP understand the nuances of California’s family law and can provide you with strategic guidance to protect your inheritance. Our goal is to ensure that you receive a fair and equitable outcome during the divorce, taking into consideration your individual circumstances.

Contact Foster Hsu LLP

If you’ve received an inheritance during your marriage and are concerned about its treatment in a divorce, reach out to Foster Hsu LLP. Our experienced family law attorneys will work closely with you to develop a comprehensive strategy that safeguards your inheritance and helps you navigate the divorce process with confidence. Your financial security and peace of mind are our top priorities. Contact us today to schedule a consultation and take the first step toward securing your future.

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