Can my husband claim my inheritance?
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Can my husband claim my inheritance?
During a marriage or defacto relationship, it is commonplace that one of the parties becomes entitled to receive an inheritance. An inheritance that is received by a party will be classified as property under the Family Law Act (1975) and is to be taken into consideration when negotiating a property settlement.
Is inheritance taken into account in 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.
Should you share inheritance with spouse?
In most cases, a person who receives an inheritance is under no obligations to share it with his or her spouse. Primarily, the inheritance must be kept separate from the couple’s shared bank accounts. There are several ways in which an inheritance can lose its separate status.
How can I protect my money in a divorce?
Financial Documentation to protect your money during divorceCollect copies of financial documentation, ideally from a period of 12 months before your separation, including: Keep a running list of assets and liabilities to be divided during the separation – update this list as assets are sold or debts paid off.
