Inheritances in Divorce Lawyer

Navigating the complexities of asset division during a divorce can be challenging, especially when it involves inherited property. In Georgia, the division of assets is governed by equitable distribution principles, which classify assets as either separate or marital. While marital assets are subject to division, inherited property is typically considered separate and belongs solely to the spouse who received the inheritance. However, this classification can change if the inheritance is commingled with marital property. At Boudreaux Law Firm, our skilled inheritances in divorce lawyer in Augusta, GA, provides expert legal representation to help clients manage these intricate issues and protect their financial interests.

Understanding Inheritance and Equitable Division in Georgia

In Georgia, the goal of equitable distribution is to divide assets fairly and justly, considering each case’s unique circumstances. Unlike an equal division, equitable distribution does not always mean a 50/50 split. Inherited assets are usually considered separate property, but the situation becomes complex if the inheritance is combined with marital assets. Common scenarios where this may occur include:

• Mixing Inherited Funds with Joint Accounts: If inherited money is deposited into a joint account and used for marital expenses, it may be considered a marital asset.
• Enhancing Inherited Property Using Marital Funds: If one spouse inherits a home but uses joint funds to pay for renovations or mortgage payments, the property may be viewed as partially marital.
• Investing in Jointly Owned Businesses or Properties: When inherited money is used to finance a business or property that both spouses own or benefit from, it can complicate the classification of the inheritance.

These situations demonstrate how easily the line between separate and marital property can blur, making it crucial to have an experienced lawyer to help you navigate the legal landscape and defend your rights.

Why Choose Boudreaux Law Firm for Inheritance Issues in Divorce?

Attorney Todd Boudreaux has over 25 years of experience in family law, particularly in cases involving the division of complex assets, such as inheritances. As a cum laude graduate of the University of Georgia School of Law, Todd provides clients with insightful legal counsel backed by a deep understanding of Georgia’s equitable distribution laws. He is admitted to practice in the State of Georgia, Georgia Court of Appeals, Supreme Court of Georgia, U.S. District Courts for the Northern and Middle Districts of Georgia, and the U.S. Court of Appeals for the 11th Circuit.

Todd’s commitment to delivering high-quality legal services has earned him recognition and memberships in prestigious organizations, including the Georgia Trial Lawyers Association, Georgia Bar Association, and Augusta Bar Association. At Boudreaux Law Firm, we conduct thorough investigations into inheritance concerns, build strong cases for our clients, and pursue favorable outcomes that protect their financial future.

Factors Influencing the Division of Inherited Property

In cases where inherited property is a focal point in a divorce, several factors can impact whether the asset is considered separate or marital:

• Commingling of Assets: If inherited funds are mixed with marital assets, such as shared bank accounts, or if they are used to enhance joint properties, they may lose their separate status.
• Length of the Marriage: The longer the marriage, the more likely it is that commingled assets will be subject to division. Courts may also consider awarding a greater share to the less wealthy spouse to maintain a similar standard of living.
• Use and Management of Inherited Property: The way inherited property is managed, used, or shared between spouses can affect its classification. If the inheritance was used for family expenses or contributed to the couple’s lifestyle, it may be considered marital property.
• Behavior of Both Parties: The actions taken by each spouse regarding the inherited property, including efforts to keep it separate or intentionally commingle it, may influence the court’s decision.

Given these factors, an experienced inheritances in divorce lawyer can help present a compelling case to protect your assets and advocate for a fair division.

Steps to Protect Your Inheritance During a Divorce

To minimize the risk of an inheritance being treated as a marital asset, consider the following precautions:

• Keep Inherited Funds in Separate Accounts: Avoid depositing inherited money into joint accounts or using it for marital expenses.
• Document All Inheritance Transactions: Maintain records of all financial activities related to the inheritance to demonstrate its separate nature.
• Use Legal Agreements: Consider a prenuptial or postnuptial agreement that clearly defines how inheritances will be treated in the event of a divorce.
• Seek Legal Advice Early: Consult with an attorney to understand your rights and responsibilities regarding inherited property.

Frequently Asked Questions (FAQs)

Can inherited property be divided in a divorce?

Yes, inherited property can be subject to division if it has been commingled with marital assets or used in a way that benefits both spouses. Proper legal counsel is essential to argue that the inheritance should remain separate.

What can I do to protect my inheritance during a divorce?

To protect your inheritance, keep it separate from marital assets by maintaining individual accounts, avoid using inherited funds for joint expenses, and document any transactions related to the inheritance. Legal agreements can also help clarify the status of inherited property.

How does the court decide if an inheritance is a marital or separate property?

The court will examine how the inheritance was managed, whether it was commingled with marital assets, and if it was used to support the family or shared lifestyle. These factors will determine whether it is classified as marital or separate property.

What happens if inherited property is used for the benefit of both spouses?

If inherited property was used to improve a marital home, pay off shared debts, or support the family’s standard of living, a portion—or all—of the inheritance may be treated as marital property, making it subject to division.

Contact Our Inheritances in Divorce Lawyer in Augusta, GA

If you have concerns about inherited property during your divorce, Boudreaux Law Firm is here to help. Schedule a free, confidential consultation with our experienced inheritances in divorce lawyer to discuss your case, explore your legal options, and protect your financial interests. We are committed to guiding you through the complexities of asset division and achieving the best possible outcome.