Legal Question in Family Law in Missouri

Inheritance in a community property state...

My father is about to inherit several thousand dollars. If he were to divorce or file for divorce, would his wife have any room to sue for the inheritance? Would it be more advisable for him to file before or after inheriting? Real estate is requiring her signature to sell the farm because of the fact this is a community property state, but in the same token we were told she cannot claim his inheritance, whether household belongings or money. Can you answer these questions?


Asked on 8/15/02, 9:30 pm

1 Answer from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

Re: Inheritance in a community property state...

Missouri is NOT a "community property" state. In regards to the division of property in a divorce, there is "separate property" and "marital property". The inheritance would be considered "separate property" and not subject to division in a divorce proceeding so long as it is kept "separate" and not commingled with "marital property. It does not matter for this purpose whether the divorce case is filed before or after the inheritance. Please have you father consult with a good divorce lawyer in your area for legal advice concerning his rights.

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Answered on 8/15/02, 10:47 pm


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