Legal Question in Wills and Trusts in North Carolina

It depends. Property acquired by one spouse by gift or inheritance during the marriage is separate property. However, in order for it to stay separate property it must be kept separate and not commingled with marital assets. Example 1: you get $50,000 by gift or inheritance and you open up a separate stock or bank account just in your name. You later get divorced. This money is separate and goes to you. Example 2: same facts in that you get $50,000 by gift or inheritance except now you deposit the $50,000 into a joint bank account held with your spouse. You then get divorced. Your spouse can claim a share of the money as marital property subject to division because it was commingled.

See the difference? If you are or will soon be getting money and you are concerned, I would keep the assets separate from those of your spouse.