Does Inheritance Get Split in a Divorce?

Inheritances designated for one spouse are usually considered separate property and therefore not subject to division in court during a divorce proceeding. However, you will need to prove that your inheritance is considered separate property.

Can your spouse take your inheritance in a divorce?

The statute defining separate property specifically states that all property received during the marriage by “gift, bequest, devise, or descent” is considered separate property. Therefore, your spouse cannot claim an interest in the inheritance that you receive during your marriage.

Is my husband's inheritance half mine?

Inheritance is Considered Separate Property

It's also considered separate property under California law. This means that it is yours, and yours alone, if and when you get a divorce. Your spouse will have no ownership rights to that inheritance.