November 13, 2013. Inherited property typically goes to the spouse who inherited it during the divorce process. The donor’s intent and the circumstances surrounding the devise of property is considered. The court will look at the following factors when determining whether or not to divide the property: 1) contributions of the parties toward the property, its care, preservation or improvement; 2) the existence of any independent close relationship between the donor and testator and the spouse of the one to whom the property was given or devised; 3) separate contributions by the parties to their economic welfare to whatever extent those contributions preserve the property for either of them; 4) any special needs of either party; 5) the other matter which would render it plainly unfair to a spouse or child to have the property set aside for the exclusive enjoyment of the done or devisee.
Length of marriage is probably the most controlling circumstance the court will consider. Did the parties make plans to use this property jointly use the property? Any increased value of the inherited property due to the efforts of the parties increases the chances it is a divisible asset. Interestingly, the court does not look at is if the property is comingled between the spouses. If you are contemplating marriage and believe you will inherit significant property, such as a business or farmland, consider a premarital agreement. If you are contemplating divorce and have questions about inherited property, consult your family law attorney.
Check out my future blogs on gifted property and premarital property. You may also contact Goosmann Law about other family law matters at info@goosmannlaw.com or by calling 712.226.4000.
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