Safeguarding Inheritance During Divorce in Massachusetts

| Aug 24, 2015 | Divorce |

Have you inherited a home or heirloom from your family and wondering how to protect what is yours in the event you and your spouse decide to divorce in Massachusetts? What is considered separate versus marital property when determining property division in a divorce can vary depending on the circumstances unique to your situation. However, there are steps you can take to improve your outcome in the event of a divorce.

First and foremost, you should consider a prenuptial or postnuptial agreement to help shield your assets such as money, an inherited business or property. While not ironclad, prenuptials can declare what inheritances or gifts each spouse agrees to surrender rights to in the event of divorce.

Another important point for couples to consider is safeguarding documentation regarding the intended beneficiary of a gift or inheritance. If you do have something in writing such as letters from a benefactor describing the designated recipient of a gift or perhaps a gift-tax return specifying who the individual beneficiary was, keep these items in a safe place. This form of documentation showing intent may help you when dividing property in a divorce.

As a rule, never co-mingle inherited money or other assets into an account with your spouse’s funds. Keep your assets in a separate bank or investment account and, again, save documentation. When couples pool their money, it is difficult to differentiate who has claim to it, even if some of it was specifically given to one recipient.

As far as pricey gifts such as homes, consider a trust. If you are considering giving one of your children a home, you may be able to prevent it from becoming marital property by establishing a trust with certain provisions to stop assets from going to your child’s spouse in the event of divorce. In addition to property, trusts can be used to protect financial inheritance.

Of course, the best way to protect separately owed property purchased before the marriage is to keep the titles in your name only. Do not add your partners name to existing deeds and, if you plan to purchase something during the marriage with your inheritance, do not include your spouse either if you are hoping to keep it as separate property. Property maintained in only your name may be viewed differently if the property, such as a home, is maintained out of joint funds.

If your spouse is the primary or equal operator of property such as a car, they may gain an advantage in property division proceedings regardless of being an untitled user. 

Taking care of your financial future is important. Taking steps now to safeguard your inheritance may help you in the event of divorce. If you or a family member have questions regarding property division divorce law in Massachusetts and want to get more information on how to safeguard your inheritance, contact the Law Offices of Renee Lazar by email or telephone 978-844-4095.

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