Property acquired by one spouse through inheritance during a marriage is generally considered separate property, not subject to division in a divorce. This principle stems from the understanding that the asset came to the individual spouse as a result of a bequest or devise, and not through the joint efforts of the marital partnership. For example, if a wife receives stocks from her deceased grandfather’s estate while married, those stocks typically remain her sole and separate asset.
The classification of assets as separate or marital holds significant implications in the event of a divorce or dissolution of marriage. Separate property is usually retained solely by the spouse who owns it, whereas marital or community property is subject to equitable division between the parties. Understanding this distinction is crucial for protecting individually acquired assets and ensuring a fair outcome in any domestic relations proceeding. Historical precedent emphasizes the preservation of individual property rights, particularly when the acquisition does not directly result from marital efforts.
