Can a spouse take your inheritance?
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Can a spouse take your 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.
How can I protect my inheritance from my husband?
It is possible that you will be able to keep inheritance that you received while married when you get divorced, but it will depend on your circumstances. One way you can keep your inheritance is to come to an amicable agreement with your former spouse about how to divide the marital assets.
Am I entitled to my husband’s inheritance when we divorce?
Will I have to share my inheritance with my spouse if we divorce? Monies or assets inherited or gifted before or during your marriage, are not automatically excluded from the matrimonial financial “pot”. In other words, they are not automatically ring-fenced and may have to be shared when a couple divorce.
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