Inheritance and Divorce

My parents gave me money during my marriage; can I get that back in my divorce?

When going through a divorce, you will hear property described as “marital property” and “separate property.” When it comes to inheritance and divorce, it is certain you will have questions. Generally, marital property are assets that were acquired during the marriage. If the property is deemed marital property during a divorce, then it will be subject to division by the court.  Separate property can include property you owned before the divorce or a gift/inheritance acquired during the marriage. If something is deemed your separate property, then it will not be subject to division by the divorce court.

If you are trying to claim that an inheritance or gift was made just to you, you must provide evidence. Because your spouse may try to claim the inheritance or gift was made to both of you. For example, if you claim your parents gifted you $15,000.00 for a house down payment, you will most likely need to show proof. It will most likely be necessary to show that the money was gifted solely to you. If not, the funds can be considered marital property, which means it would be subject to an equitable division. 

If you are filing for divorce or have more questions regarding your property, contact Amanda Crowell. By contacting Kane & Crowell Family Law Center at www.kane-law.com or (615) 784-4800. We handle cases in Wilson, Sumner, Trousdale, Macon, Smith, and Rutherford Counties. We are happy to put our experience to work for you.