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Divorce and Inheritance

When two people get married, they usually do not expect their marriage to ever end. Unfortunately, it is estimated that 50% of all marriages will end in divorce. With this glaring statistic in mind, it is important to consider financial matters, including inheritance.

Though inheritance is usually left to one person, an heir may be married, and the inheritance may become joint property. If you recently received an inheritance and want to learn about safeguarding it from a divorce settlement, contact the San Marcos divorce lawyers of Fischer & Van Thiel, LLP at (760) 757-6854.

When Inheritance Becomes Joint Property

In any marriage, there is joint property and separate property. Most couples share a great deal of joint property, including homes, cars, and bank accounts. These pieces of property are fair game for division in a divorce settlement.

While it would seem that inheritance does not fall into the same category as these other pieces of property, this is not always true. Inheritance becomes joint property when:

  • Both spouses invest in increasing the property’s value
  • The inheritance is monetary and is placed in a joint bank account
  • The value of the inheritance increases during the marriage

With these conditions in mind, individuals can take steps to ensure that their inheritance will remain solely theirs in the event of a divorce.

Speak with a San Marcos Divorce Lawyer

If you or a loved one is involved in family law litigation or a divorce case with child support, custody, or visitation issues, and need legal representation, don’t hesitate to contact the Fischer & Van Thiel Family Law Firm of San Marcos at (760) 757-6854 today to get solid legal advice and a professional divorce lawyer consultation.