--- title: INHERITED PROPERTY AND DIVORCE description: INHERITED PROPERTY AND DIVORCE --- [![Goosman Lawfirm](https://blog.goosmannlaw.com/hs-fs/hubfs/Goosmannlaw%20October2017/images/Goosmann_Law_Firm_logo_4C-white.png?width=1250&name=Goosmann_Law_Firm_logo_4C-white.png "Goosman Lawfirm")](http://goosmannlaw.com/) - [COVID-19 Toolbox](https://goosmannlaw.com/covid-19-resource-toolbox/) - Our Team - [Attorneys](https://goosmannlaw.com/attorneys/) - [Non-Attorney Staff](https://http://goosmannlaw.com/non-attorney-staff/) - Practices & Industries - [Practices](https://goosmannlaw.com/practices/) - [Banking & Finance](https://goosmannlaw.com/banking-finance/) - [Bankruptcy, Restructuring & Workouts](https://goosmannlaw.com/bankruptcy-restructuring-workouts/) - [Business](https://goosmannlaw.com/business/) - [Divorce & Family Law](https://goosmannlaw.com/divorce-family-law/) - [Employment](https://goosmannlaw.com/employment-law/) - [Environmental, Health & Safety](https://goosmannlaw.com/health-safety/) - [Estate Planning](https://trustlawcounsel.com) - [Gestational Surrogacy & Adoption](https://goosmannlaw.com/gestational-surrogacy-adoption/) - [International Law](http://goosmannlaw.com/international-law/) - [Litigation / Trial Law](https://goosmannlaw.com/litigation-trial-law/) - [Local Counsel](https://http://goosmannlaw.com/local-counsel/) - [Mergers & Acquisitions](https://goosmannlaw.com/mergers-acquisitions/) - [Rapid Response](https://goosmannlaw.com/rapid-response/) - [Industries](https://goosmannlaw.com/industries/) - [Agribusiness & Cooperatives](https://goosmannlaw.com/agribusiness-cooperatives/) - [Construction](https://goosmannlaw.com/construction/) - [Cyber Law and Telecommunications](https://goosmannlaw.com/cyber-law/) - [Education](https://goosmannlaw.com/education/) - [Health Care](https://goosmannlaw.com/health-care/) - [Manufacturing](https://goosmannlaw.com/manufacturing-law/) - [Multifamily Housing](https://goosmannlaw.com/multifamily-housing-law/) - [Non-Profit & Tax Exempt Organizations](https://goosmannlaw.com/non-profit-law/) - [Real Estate](https://goosmannlaw.com/real-estate/) - [Transportation](https://goosmannlaw.com/transportation/) - [Tribal](https://goosmannlaw.com/tribal/) - Our Firm - [Firm News](https://blog.goosmannlaw.com/firm-news) - Careers - [Attorneys](https://goosmannlaw.com/careers/attorneys/) - [Administration](https://goosmannlaw.com/careers/administration/) - [Internships](https://goosmannlaw.com/careers/internships/) - [Client Testimonials and Results](https://goosmannlaw.com/our-firm/client-testimonials-and-results/) - [Culture, Diversity, and Community](https://http://goosmannlaw.com/our-firm/culture-diversity-and-community/) - [Women-Owned Business](https://goosmannlaw.com/our-firm/women-owned-business/) - [Associations & Memberships](https://goosmannlaw.com/associations-memberships/) - [Firm History](https://goosmannlaw.com/firm-history/) - Blogs - [CEO Law Review](https://blog.goosmannlaw.com/ceo-on-your-side) - [Construction Lawyer](https://blog.goosmannlaw.com/construction-lawyer-on-your-side) - [Cyber Lawyer](https://blog.goosmannlaw.com/cyber-lawyer-on-your-side) - [Deal Maker](https://blog.goosmannlaw.com/deal-maker-on-your-side) - [Divorce Docket](https://blog.goosmannlaw.com/divorce-lawyer-on-your-side) - [Food for Thought](https://blog.goosmannlaw.com/agricultural-lawyer-on-your-side) - [HR Legal Insider](https://blog.goosmannlaw.com/human-resources-on-your-side) - [Law Doc](https://blog.goosmannlaw.com/health-lawyer-on-your-side) - [Paralegal Review](https://blog.goosmannlaw.com/paralegal-review/) - [Real Estate Lawyer](https://blog.goosmannlaw.com/real-estate-lawyer-on-your-side) - [Risky Business](https://blog.goosmannlaw.com/risk-manager-on-your-side) - [The Banker’s Suit](https://blog.goosmannlaw.com/banking-lawyer-on-you-side) - [Trial Law Review](https://blog.goosmannlaw.com/trial-lawyer-on-you-side) - [Trust Law Counsel](https://blog.goosmannlaw.com/estate-planning-laywer-on-your-side) - Resources - [COVID-19 Resource Toolbox](https://goosmannlaw.com/covid-19-resource-toolbox/) - [Podcast](http://podcast.goosmannlaw.com/) - [Videos](https://goosmannlaw.com/videos/) - [FREE eBooks & Tools](https://goosmannlaw.com/free-ebooks-tools/) - Contact Us - [Office Locations](https://goosmannlaw.com/locations/) - [Sioux City Law Firm](https://goosmannlaw.com/locations/sioux-city-law-firm/) - [Sioux Falls Law Firm](https://goosmannlaw.com/locations/sioux-falls-law-firm/) - [Omaha Law Firm](https://goosmannlaw.com/locations/omaha-law-firm/) - [Spirit Lake & Spencer Law Firms](https://goosmannlaw.com/locations/spirit-lake-and-spencer-law-firm/) - [Real Estate Closings Office](https://goosmannlaw.com/locations/real-estate-closing-office/) - [Submit a Testimonial](https://goosmannlaw.com/submit-a-testimonial/) - [Sign Up for Our Newsletter](https://goosmannlaw.com/sign-up-for-our-newsletter/) - [Pay Online](https://goosmannlaw.com/pay-online-3/) - [  (855) 843-4531](tel:855-843-4531) ![](https://blog.goosmannlaw.com/hubfs/Blog_Images/Lockbox%20Lawyer/close-button.png) [tel:855-THE-GLF1](tel:855-THE-GLF1) [Divorce & Family Law](https://blog.goosmannlaw.com/divorce-lawyer-on-your-side/topic/divorce-family-law) [Family Law News and Insights](https://blog.goosmannlaw.com/divorce-lawyer-on-your-side/topic/family-law-news-and-insights) # [INHERITED PROPERTY AND DIVORCE](https://blog.goosmannlaw.com/divorce-lawyer-on-your-side/inherited-property-divorce) By [Goosmann Law Team](https://blog.goosmannlaw.com/divorce-lawyer-on-your-side/author/goosmann-law-team)   |  13, November 2013 [READ NOW](https://blog.goosmannlaw.com/divorce-lawyer-on-your-side/inherited-property-divorce) [Read Post](https://blog.goosmannlaw.com/divorce-lawyer-on-your-side/inherited-property-divorce#article) [![](https://blog.goosmannlaw.com/hs-fs/hubfs/Logos/Logo1.jpg?width=60&name=Logo1.jpg)](https://blog.goosmannlaw.com/divorce-lawyer-on-your-side/author/goosmann-law-team) [Goosmann Law Team](https://blog.goosmannlaw.com/divorce-lawyer-on-your-side/author/goosmann-law-team)  Tags: [Divorce & Family Law](https://blog.goosmannlaw.com/divorce-lawyer-on-your-side/topic/divorce-family-law) [Family Law News and Insights](https://blog.goosmannlaw.com/divorce-lawyer-on-your-side/topic/family-law-news-and-insights) 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](http://www.goosmannlaw.com/practice-areas/family-law-lawyer/) matters at [info@goosmannlaw.com](mailto:info@goosmannlaw.com) or by calling 712.226.4000. ### Select Different CTA for each Post from Blog Editor [![New Call-to-action](https://no-cache.hubspot.com/cta/default/489404/a8cefc17-3b9d-4de0-89cd-e60a64752422.png)](https://cta-redirect.hubspot.com/cta/redirect/489404/a8cefc17-3b9d-4de0-89cd-e60a64752422) ### Subscribe Our Blog Thanks for submission!! - Recent - Popular ### Posts by Topic - [Divorce & Family Law (91)](https://blog.goosmannlaw.com/divorce-lawyer-on-your-side/topic/divorce-family-law) - [Family Law News and Insights (52)](https://blog.goosmannlaw.com/divorce-lawyer-on-your-side/topic/family-law-news-and-insights) - [Divorce (19)](https://blog.goosmannlaw.com/divorce-lawyer-on-your-side/topic/divorce) - [Divorce Attorney (6)](https://blog.goosmannlaw.com/divorce-lawyer-on-your-side/topic/divorce-attorney) - [Child Custody (5)](https://blog.goosmannlaw.com/divorce-lawyer-on-your-side/topic/child-custody) - [Firm News (2)](https://blog.goosmannlaw.com/divorce-lawyer-on-your-side/topic/firm-news) - [20/20/20 Rule (1)](https://blog.goosmannlaw.com/divorce-lawyer-on-your-side/topic/20-20-20-rule) - [Agriculture (1)](https://blog.goosmannlaw.com/divorce-lawyer-on-your-side/topic/agriculture) - [CEO (1)](https://blog.goosmannlaw.com/divorce-lawyer-on-your-side/topic/ceo) - [COVID-19 (1)](https://blog.goosmannlaw.com/divorce-lawyer-on-your-side/topic/covid-19) - [Fertility (1)](https://blog.goosmannlaw.com/divorce-lawyer-on-your-side/topic/fertility) - [Guardianship (1)](https://blog.goosmannlaw.com/divorce-lawyer-on-your-side/topic/guardianship) - [Human Resources (1)](https://blog.goosmannlaw.com/divorce-lawyer-on-your-side/topic/human-resources) - [In Vitro (1)](https://blog.goosmannlaw.com/divorce-lawyer-on-your-side/topic/in-vitro) - [Iowa Divorce (1)](https://blog.goosmannlaw.com/divorce-lawyer-on-your-side/topic/iowa-divorce) - [Litigation & Trial (1)](https://blog.goosmannlaw.com/divorce-lawyer-on-your-side/topic/litigation-trial) - [Litigation News and Insights (1)](https://blog.goosmannlaw.com/divorce-lawyer-on-your-side/topic/litigation-news-and-insights) - [Real Estate News and Insights (1)](https://blog.goosmannlaw.com/divorce-lawyer-on-your-side/topic/real-estate-news-and-insights) - [Social Security Benefits (1)](https://blog.goosmannlaw.com/divorce-lawyer-on-your-side/topic/social-security-benefits) - [Trust Law Counsel (1)](https://blog.goosmannlaw.com/divorce-lawyer-on-your-side/topic/trust-law-counsel) DISCLAIMER: The information in this blog post (“post”) is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. By visiting this website, blog, or post you understand that there is no attorney client relationship between you and the Goosmann Law Firm attorneys and website publisher. No information contained in this post should be construed as legal advice from Goosmann Law Firm, PLC, or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this Post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction. #### Let Us Know What You Thought about this Post. Put your Comment Below. [Previous Post](https://blog.goosmannlaw.com/divorce-lawyer-on-your-side/separate-property) ##### [WHAT IS SEPARATE PROPERTY?](https://blog.goosmannlaw.com/divorce-lawyer-on-your-side/separate-property) [Next Post](https://blog.goosmannlaw.com/divorce-lawyer-on-your-side/gifted-property-separate-property) ##### [GIFTED PROPERTY (SEPARATE PROPERTY)](https://blog.goosmannlaw.com/divorce-lawyer-on-your-side/gifted-property-separate-property) ### Contact Info **Sioux City Location** P. 712-226-4000 F. (712) 224-4517 **Sioux Falls Location** P. (605) 371-2000 F. (605) 275-2039 **Omaha Location** P. (402) 280-7648 F. (402) 505-3967 --- [Disclaimer](http://goosmannlaw.com/list-all-blogs/disclaimer/) | [Privacy Policy](http://goosmannlaw.com/privacy-policy/) ### Locations **Sioux City Location** 410 5th Street Sioux City, IA 51101 **Sioux Falls Location** 5010 S. Minnesota Avenue, Suite 100 Sioux Falls, SD 57108 **Omaha Location** Advent Building 17838 Burke Street, Suite 250 Omaha, NE 68118 ![Goosmann](https://blog.goosmannlaw.com/hs-fs/hubfs/Blog_Images/Lockbox%20Lawyer/goosmann-white.png?width=250&name=goosmann-white.png "Goosmann") Goosmann Law Firm is a FULL SERVICE LAW FIRM with locations in Sioux City, Iowa, Sioux Falls, South Dakota, and Omaha, Nebraska. Goosmann Law attorneys are licensed to practice in Iowa, Nebraska, South Dakota, and North Dakota. Their attorney team's practices and industries include but are not limited to Agribusiness and Cooperatives, Banking and Finance, Bankruptcy, Restructuring and Workouts, Business, Construction, Cyber Law and Telecommunications, Divorce and Family Law, Education, Employment, Environmental Health and Safety, Gestational Surrogacy and Adoption, Health Care, Litigation and Trial Law, Manufacturing, Mergers and Acquisitions, Municipal, Nonprofit and Tax Exempt Organizations, Real Estate, and Transportation, Tribal, Wills, Trusts, Estate Planning, and Probate Law. Goosmann © Copyright 2017