In most states, inheritance, no matter if received during marriage, falls under the separate property clause.

As long as the inheritance has not been used for the common benefit of both of you during marriage, it will remain in his possession after a divorce.

There are situations in which inheritance can become community property to be divided. Inheritance may become commingled with the marital assets to be judged according to the Equitable Distribution Law.  If you and your spouse place the money in a joint account that will draw interest to increase the amount, the inheritance will become part of marital assets. Both parties do not always have to invest in the inheritance for it to become community property. If the inheritance appreciates during the marriage, there is the possibility that you may receive a portion of its value after divorce.

Also, if you helped pay the inheritance tax or any taxes on the inheritance thereof, then your may be entitled to receive a portion of the inheritance if you divorce. Or if he lets you use any portion of his inheritance on a regular basis. Proof of this use will have to be presented in the case of divorce.

Though most states have a separate property clause for divorce, a few still are strictly community property states. These states consider an inheritance as part of marital assets if it was received during the marriage. An inheritance ruling is difficult to dispute if you live in a community property state.

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