Legal Question in Family Law in Oklahoma

protection of inheritance during divorce

my husband and I plan to divorce after 20 years, in a mutual consent divorce/ in a 50/50 State, and it is due to verbal abuse by my husband to myself. I work in our horse business and my husband has other employment. My parents intend to begin giving me in small increments some of my future inheritance. Can I protect this inheritance in any way to avoid having to split this money with my husband in the divorce, such as a trust? I must know this answer in order to determine the attorney I will choose. Thank You.


Asked on 8/14/02, 9:53 am

1 Answer from Attorneys
Hunt John Urgentlegalcare.com

Re: protection of inheritance during divorce

Thank you for your question. In Oklahoma the courts consider wages and income from work as part of the marital estate. You have an interest in his income and he in yours. Inheritances and Gifts such as you described as advancement on your future inheritance are separate property. Not part of the marital estate which would be divided at the time of divorce. To keep the separate property separate from the marital estate and to avoid any chance of an argument that you have somehow made a gift of an interest in the property to your husband by intermingling it with marital property, you must keep the properties of the marital estate separate from what is your personal and separate property. ie. in a separate checking/savings account over which only you have access to. A trust would also provide the vehicle to keep the property separate. Please visit and bookmark my website:www.urgentlegalcare.com for your future legal needs.

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Answered on 8/14/02, 11:28 am


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