Legal Question in Family Law in South Carolina

divorce

in regards to an inherited sum of money, in a divorce is the spouse entitled to any part of said inheritance?


Asked on 4/10/07, 1:50 pm

2 Answers from Attorneys

Ben Stevens The Stevens Firm, P.A. Family Law Center

Re: divorce

Typically, inheritances are treated as non-marital property. However, there are MANY exceptions to this general rule, and the Court will look very closely at how the money is treated. In other words, the answer to this question can vary widely based on the facts of your particular case/situation.

These are complex issues, and it is important that they be handled correctly. Therefore, it is important that you consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case.

If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.StevensFirm.com). I wish you the best of luck.

Ben Stevens

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Answered on 4/10/07, 2:06 pm
Nancy Alston The Alston Law Firm

Re: divorce

Inheritances and gifts from others are generally not marital property. There may be, however, evidence to convince a court the property has been "made" or transmuted into marital property.

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Answered on 4/10/07, 3:01 pm


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