Navigating Inheritance in a Massachusetts Divorce

Divorce can be a complicated and emotionally charged process, and when it comes to dividing assets, the treatment of inheritance can add another layer of complexity. In Massachusetts, the handling of inherited property during a divorce involves specific legal principles that are crucial to understand. Here’s a comprehensive guide to how inheritance is treated in a Massachusetts divorce and what you should know to protect your interests.

Understanding Inheritance and Marital Property

In Massachusetts, the division of property during a divorce follows the principle of equitable distribution. This means that marital property is divided fairly, though not necessarily equally. However, when it comes to inheritance, there are some important distinctions to make:

1. Inherited Property: Generally, property that was inherited by one spouse is considered separate property and is not subject to division during a divorce. This includes money, real estate, or other assets received from a deceased relative.

2. Marital Property: Any assets acquired during the marriage, including those earned or accumulated jointly, are subject to equitable distribution. This could involve homes, bank accounts, retirement funds, and other marital assets.

Key Considerations for Inherited Assets

1. Tracing the Inheritance: To ensure that inherited property is treated as separate, it’s important to trace and document the inheritance. Keep clear records of when and how the inheritance was received, including any correspondence, legal documents, or financial statements related to the inheritance.

2. Commingling: Inherited assets can become a source of contention if they are commingled with marital property. For example, if inherited funds are deposited into a joint bank account or used to purchase marital property, the line between separate and marital property can become blurred. It’s crucial to maintain clear boundaries and avoid mixing inherited assets with marital assets to preserve their separate status.

3. Use of Inherited Property: How inherited property is used can also affect its classification. For instance, if an inherited home is used as a primary residence for both spouses or if inherited funds are used to improve a marital property, this can impact whether the inheritance retains its separate property status.

Legal Steps to Protect Inherited Assets

1. Prenuptial or Postnuptial Agreements: To protect inherited property, a prenuptial or postnuptial agreement can be beneficial. These legal agreements can outline how inherited assets will be treated in the event of a divorce, providing clarity and protection for both parties.

2. Separate Accounts and Assets: Keep inherited assets in separate accounts or hold them in your name only. Avoid using these assets for joint expenses or investments. This helps maintain the separation between inherited and marital property.

3. Consult a Family Law Attorney: If you’re dealing with inherited property in a divorce, consulting with a family law attorney can provide valuable guidance. An attorney can help you understand your rights, navigate complex property divisions, and ensure that your inherited assets are properly protected.

Court Considerations

In cases where the division of inherited assets is contested, the court will consider various factors to determine how to divide the property equitably. These factors include:

– The Nature of the Inheritance: The court will examine whether the inheritance was received before or during the marriage and how it has been treated throughout the marriage.

– Contribution by Both Spouses: The court may consider contributions made by both spouses to the preservation or enhancement of the inherited property.

– Fairness and Equity: The overarching goal is to achieve a fair division of property. If inherited assets have been commingled or used in a manner that benefits both spouses, the court may make adjustments to ensure an equitable outcome.

Navigating the complexities of inheritance during a divorce can be challenging, but understanding the legal principles and taking proactive steps can help protect your interests. By keeping inherited assets separate, documenting their status, and seeking professional legal advice, you can better safeguard your inheritance and navigate the divorce process more effectively.

If you’re facing a divorce and have concerns about inherited property, don’t hesitate to reach out to Johnson, Sclafani & Moriarty, Attorneys at Law. We can provide personalized guidance and support to ensure that your rights are upheld and that you achieve a fair resolution in your divorce settlement. Call us now for a free, initial consultation. 413-732-8356