Generally speaking marital property will be divided according to the concept of equitable distribution and in every Atlanta divorce. For the purposes of divorce, property is classified as either marital, which includes most property and assets obtained during the marriage, and separate, which includes most property attained before the marriage. So, would an inheritance received during the marriage count as marital property or separate property?
So long as an inheritance is kept separate from other marital property and funds, and is not commingled, the inheritance can often be classified as separate property. However, if the inheritance is ever intermingled with marital property, for instance if the inheritance is used to start a family business which both spouses help to work and help to grow, the inheritance may not be 100% retained by the spouse who inherited it in the case of divorce.
Overall it is preferable for the spouses to reach an agreement about all assets and property, including any inheritance, without going to court, by using the services of qualified divorce attorneys. However, in the case in which an agreement cannot be reached, it is ever the more important that each spouse retain expert legal assistance in helping to resolve this complicated divorce matter.
