Charlotte, NC asked in Divorce for North Carolina

Q: Is a spouse entitled to any portion of your inheritance when divorcing?

My spouse and I married April 2019, and he abandoned the marriage in April 2020 but stated he is going to take half of my inheritance is this possible? My mom's estate is not even closed, but she died before we were married.

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1 Lawyer Answer
Amanda Bowden Houser
Amanda Bowden Houser
  • Jacksonville, NC
  • Licensed in North Carolina

A: Typically, inheritance is your separate property and your spouse would have no claim to it - even during divorce. You would have to do something like co-mingle funds into a joint account or gift portions of the inheritance to your spouse for your spouse to have a claim. As long as you keep the inheritance as your separate property, your spouse should have no claim. Best of luck.

David Allan King agrees with this answer

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