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Inherited

Posted in Divorce, Location, Mississauga, Ontario by Questions on April 15, 2014

If my spouse entitled to half of my inheritance

1 Expert Comment

  1. On April 16, 2014 at 8:38 am
    A Family Lawyer said:

    Inheritances are not treated as typical matrimonial property, instead it is separate property. On marriage breakdown, an inheritance received after the date of marriage belongs to the spouse in whole and without any claim from the other spouse to it. Although, sometimes spouses are unable to completely trace the inheritance and to prove some or all of the inherited property was maintained separate and apart from the marital property. For example, inherited money deposited into an account and used for joint living expenses could be transformed from separate property to marital property, whereas inherited money deposited into a joint account without using that money could still be separate property if the spouse’s intentions were clear that it was not to be shared with the other spouse or held jointly or ever divided.

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