What If I Co-mingled My Inheritance Money With Marital Assets?

In the state of Nevada, inheritance money falls under the category of “separate property.” It’s not subject to asset division during a divorce, unless the spouse who received the inheritance co-mingled it with marital assets. Co-mingling of an inheritance happens when you deposit your inheritance money into a joint marital account, or when you use the money to benefit both you and your spouse or your family.

It’s challenging and unclear to determine what part of a co-mingled inheritance is yours and what part belongs to the marital estate. From a logical perspective, this is why Nevada family law courts tend to view co-mingled inheritance money as a part of the marital estate. However, depending on your situation, you might be able to save some of your co-mingled inheritance money.

If you can prove that you never intended to share part or all of your inherited assets, you might be able to retain that portion of inherited assets you didn’t intend to share. The terminology used to describe this legal strategy is “contesting the presumption of shared funds.” To prevail in this strategy, you must meet a high burden of proof, but it can work in some situations.

Divorcing Nevada spouses, who want to retain their inherited assets in spite of co-mingling them with their marital estates, may want to discuss the possibility with an experienced divorce lawyer. Your lawyer can explore the facts surrounding your situation to identify whether it will be possible to keep your inheritance. He or she can then advocate on behalf of your property rights in court if necessary.

Source: FindLaw, “Inheritance and Divorce,” accessed April 25, 2017