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Inheritance & Gifts

High Asset Divorce Lawyers Serving Charlotte & Weddington

In a divorce, inheritance and gift assets will have to be evaluated and proven as either marital property or separate property. Inheritances and gifts can only be divided in divorce if they are found to be marital property.

It is important that all separate and marital property is valued accurately through expert asset appraisals and experienced attorney representation. If it is not, you could be missing out on substantial asset ownership that you have rights to claim in divorce.

At Epperson Law Group, PLLC, our Charlotte divorce lawyers apply over 70 years of combined legal experience to your case. We will represent your best interests and help you make informed decisions about all aspects of your property division agreement. From our offices in Weddington and Boone, we represent clients in all areas of divorce and family law in Charlotte and across the state.

Some of our services in addressing inheritances and gifts in divorce include:

  • Determining what is subject to equitable distribution.
  • Appraising the value of inheritances, gifts, or property purchased with these.
  • Negotiating or litigating on our client’s behalf to ensure fair determination, valuation, and distribution of inheritances or gifts. Our divorce attorneys will take the approach that is in your best interests, to seek the best possible result.

When Are Inheritances Subject to Distribution in a Divorce?

In North Carolina, inheritances are only subject to equitable distribution if money has been commingled or if the inheritance has been used to benefit joint marital assets in some way. Inheritance money is considered commingled if it is added to a joint bank account, invested in a joint investment account, used to pay joint expenses or used to make improvements to any marital property, such as a home improvement or family business investment.

An inherited asset, such as a real estate property, could become marital property if both spouses invest time or money into improving or maintaining the property, or if the property is sold and proceeds are commingled with marital assets.

Equitable Distribution of Gifts in a Charlotte or Weddington Divorce

Gifts received by one spouse prior to or during the marriage from a third party are treated in much the same way as inheritances, but they do not have the added protection under the law of being presumed to be separate property immediately when received.

The intended ownership of gifted property or money may be less clear than the inherited variety, so the judge could more easily rule it to be marital property whether it is commingled or not. However, a clearly worded and legally valid prenuptial or postnuptial agreement could provide sufficient clarity.

To learn more, call a Charlotte divorce attorney at (704) 200-9278. We look forward to speaking with you.

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