Legal Question in Family Law in South Carolina
Inheritance & spouse
I am about to inherit almost $200,000. Under SC law, if my spouse & I were ever to divorce would he be entitled to any of my inheritance if I kept the assets soley in my name?
1 Answer from Attorneys
Re: Inheritance & spouse
If you are about to inherit that sum of money, I would suggest that you contact an attorney in person to discuss that matter. Normally, inherited property is not considered marital property in South Carolina, but it may be transmuted into marital property for divorce purposes. Just keeping the money solely in your name may not be enough. There are a number of other factors that would come into play, i.e., how are you going to use the interest? Also, if you and your spouse divorce, non marital property owned by one spouse may be considered in the division of the marital property, and for alimony/child support purposes. This is a very difficult and tricky area. You may want to consider a post nuptial agreement.