Inheritance & Marital Property: 5 Things You Must Know
Entrusted Legacy Law
For more information about the author, click to view their website: Entrusted Legacy Law
May 19, 2025
Pennsylvania - Greater Pittsburgh Area
Inheritance is more than just money or property. It’s often
a symbol of family legacy, sentimental value, and a connection to loved ones
who have passed. But when it comes to marriage, inheritance can sometimes
become a source of confusion or even conflict, especially during divorce.
At Entrusted Legacy Law, we often hear questions like, “Can
my spouse claim my inheritance?” or “How do I keep my inheritance separate?”
Understanding the rules about inheritance and marital property can help you
protect what’s rightfully yours while avoiding unnecessary disputes. Let’s
explore five key things you need to know about inheritance and marital
property.
Your Inheritance Could Be at Risk – Here’s How to Protect It
Many people assume inheritance is always considered separate property in a marriage, but that’s not necessarily true. The distinction between separate and marital property can blur, especially when inheritance is commingled with marital assets. For example, if you deposit an inherited sum into a joint bank account shared with your spouse, it may be considered marital property in the event of a divorce.
Understanding this distinction is critical. Separate
property typically includes assets you owned before marriage or those acquired
through inheritance or gifts specifically meant for you. However, once those
assets are mixed with marital funds or used for joint expenses, they could lose
their separate status.
Not Always Separate: The Rules for Inheritance and Marriage
So, when does an inheritance become marital property? Let’s break it down:
- Commingling
Funds: If you deposit inherited money into a joint account or use it
for marital expenses, it may be viewed as a contribution to the marriage.
Courts could then consider it marital property.
- Example: You
inherit $50,000 and deposit it into a joint checking account. Later, the
money is used for a family vacation or home renovations. That inheritance
is no longer separate.
- Property
Maintenance: If your spouse contributes to maintaining or
improving inherited property (like repairing a family home you inherited),
courts might classify it as marital property.
- Intentional
Gift: If you explicitly gift part of your inheritance to your
spouse, it becomes marital property.
These scenarios highlight why it’s essential to keep
inherited assets separate from marital property and clearly document their use.
5 Smart Steps to Keep Your Inheritance Separate
You’ve worked hard to preserve your inheritance, and keeping it separate requires careful planning. Here are five practical steps you can take:
- Keep
Inheritance in a Separate Account: Deposit any inherited money into a
bank account that’s solely in your name. Avoid mingling these funds with
joint accounts or using them for marital expenses.
- Avoid
Using Inheritance for Joint Expenses: While it may be tempting to use
inherited funds to pay off a mortgage or cover family expenses, doing so
could blur the lines between separate and marital property.
- Document
Everything: Keep clear records of your inheritance, including how it
was received and used. Having a paper trail can help if questions arise
later.
- Consider
a Prenuptial or Postnuptial Agreement: A legally binding agreement can
outline how inheritance will be treated in the event of a divorce. This
proactive step is especially helpful if you’re entering a marriage with
significant assets.
- Consult
an Estate Planning Attorney: A knowledgeable attorney can help you
structure your inheritance in a way that protects it. For example,
creating a trust can shield assets from becoming marital property.
By following these steps, you can safeguard your inheritance and ensure it remains separate, even in a complex legal situation.
Will Divorce Make Your Inheritance Marital Property?
Divorce is a challenging process, and it often raises tough questions about who gets what. Whether or not your inheritance becomes part of marital property during a divorce depends on how it was handled during the marriage.
Courts in Pennsylvania follow equitable distribution laws,
which means marital property is divided fairly – but not necessarily equally.
If your inheritance has been commingled with marital assets or used for joint
purposes, it may be subject to division.
Example:
Imagine you inherited a house from your parents and used
marital funds to renovate it. Your spouse contributed both time and money to
improve the property. In this case, a court might determine that your
inheritance has become marital property, and your spouse could be entitled to a
share.
To avoid these situations, it’s crucial to establish clear
boundaries and keep inheritance separate from marital property.
Understanding Pennsylvania’s Laws on Marital Property
Every state has its own rules about marital property, and Pennsylvania is no exception. Here are some key points to understand:
- Equitable
Distribution: Pennsylvania divides marital property based on
fairness, not a 50/50 split. Separate property, such as inheritance, is
typically excluded from this division unless it has been commingled.
- Proof
of Separate Property: The burden of proof is on you to show that
your inheritance is separate. Detailed documentation and records are
essential to avoid disputes.
- Contributions
to Inherited Property: If your spouse contributed to the
maintenance or improvement of inherited assets, they might be entitled to
a portion.
Knowing these laws can help you plan ahead and avoid
potential conflicts.
Don’t Risk Losing What’s Yours – Get Help
Inheritance and marital property laws can be complex, and small mistakes can have significant consequences. That’s why professional guidance is so important. At Entrusted Legacy Law, we’re here to help you navigate these legal waters and protect your inheritance.
We’ve worked with clients across Pennsylvania to create strategies that keep their assets safe, from drafting prenuptial agreements to structuring trusts and documenting separate property. Whether you’re planning for the future or facing a current legal challenge, we’re here to provide clear, compassionate guidance.
Your Inheritance Deserves Protection – Act Now
Your inheritance isn’t just a financial asset; it’s part of your legacy. Taking steps to protect it now can save you and your family from unnecessary stress and conflict later. By understanding the rules, keeping detailed records, and seeking professional advice, you can ensure your inheritance stays where it belongs.
Ready to protect your inheritance? Contact Entrusted Legacy Law today for personalized advice and solutions. Let’s work together to secure your legacy call us at 412- 547-9855 to learn more.
- To view the original version of this article visit www.entrustedlegacy.law/post/inheritance-and-marital-property
- Seniors Blue Book was not involved in the creation of this content.
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