The answer to this question is both simple and complicated. First of all, by statute, an inheritance is not considered marital property. However, once the inheritance is commingled with marital property, such as being placed in a joint account, it essentially becomes marital property. Also, while dividing assets in a divorce, the judge's job is to put each party in a reasonable position moving forward. Therefore, if one party received a large inheritance while the parties were married, he or she may receive that inheritance back following the divorce, but the judge may order the opposing party to receive a majority of the marital property so that each party has the assets necessary to continue their standard of living after the divorce. As a result, the entire inheritance may be given back to the heir in accordance with the statute, however, that may adversely affect how the rest of the assets are divided between the parties.
http://www.westmontattorneys.com/Divorce-Child-Support
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