What Happens to Inherited Property in Divorce?
If you’re going through a divorce in Lexington, one of the most common questions is:
“Do I have to split my inheritance with my spouse?”
South Carolina law generally says no — inheritance is not marital property. But there’s a catch: how you treated that inheritance during the marriage can change everything.
Inheritance Is Usually Separate Property
Under South Carolina’s equitable distribution laws, assets are divided fairly — not always 50/50 — between spouses.
But certain things are considered “non-marital property”, including:
- Inheritance received by one spouse
- Gifts given specifically to one spouse
- Property owned before marriage
So if you received an inheritance in your name only and never mixed it with marital funds, it’s typically yours to keep.
When Inheritance Can Become Marital Property
Here’s where things get complicated. Even if the inheritance started out as separate, it can become “commingled” — which means mixed with marital assets.
You may have to share your inheritance if:
- You deposited it into a joint bank account
- You used it to buy or renovate the marital home
- You paid shared debts or household expenses
- You put your spouse’s name on inherited property
- You can’t trace the inheritance separately anymore
In short: if the money benefited the marriage as a whole, it may now be subject to division.
Tracing the Inheritance: Why Records Matter
If you’re claiming part of your property is from an inheritance, you’ll need to prove it. That means:
- Bank statements showing deposit of inherited funds
- Documents showing how the money was used
- Evidence of how you kept it separate
Without clear records, the court may assume it became marital property — even if that wasn’t your intent.
What If You Received the Inheritance During the Marriage?
Even if your parent or relative passed away while you were married, the inheritance still belongs only to you — unless you gave your spouse legal rights to it through:
- A deed
- A beneficiary designation
- Co-signing or co-owning an account
Timing alone doesn’t change the status — it’s what you do with the money that matters.
Can a Prenup Protect Inheritance?
Yes. A prenuptial or postnuptial agreement can state that:
- Future inheritance will remain separate
- Even if commingled, it’s still exempt from division
- Each party waives claims to the other’s inheritance
If you’re expecting a substantial inheritance or already have one, a prenup/postnup can give extra peace of mind — and help avoid costly disputes.
What Lexington Judges Consider in Disputes
If the court must decide whether inheritance is marital or not, they’ll look at:
- Source of the funds (inheritance or gift?)
- How the money was handled
- Who had access to it
- Whether the funds were used for joint purposes
- Whether the property increased in value due to joint efforts
This is why having an attorney — and documentation — is crucial when your financial future is at stake.
Quick FAQs
If I inherit money after I file for divorce, do I have to share it?
No. Anything inherited after the filing date is not marital property.
My spouse inherited a house but I’ve lived there for years — do I get anything?
Maybe. If you invested time or money into improving it, or helped pay for it, you may have a claim to part of the value.
Can my spouse fight me for part of my inheritance?
Only if you commingled it or used it in ways that benefit the marriage. Otherwise, the court typically protects inherited property.
Final Thoughts
If you’re concerned about how your inheritance might be divided in your divorce, call The Farley Law Firm today for a confidential consultation. We’ll help you understand what’s protected — and what’s not — under South Carolina law.
Disclaimer
This information is for general education only and not legal advice. Schedule a consultation to discuss your specific case. Past results do not guarantee a similar outcome.
