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Is an Inheritance a Marital Asset?

By Ullian Associates of The Law Firm of Ullian & Associates, P.C. on May 7, 2015

When dividing assets in a divorce many people wonder if an inheritance that they have received is considered a martial asset and needs to be divided. In short, the answer is yes it is a marital asset, but if it needs to be divided depends on when it was acquired. If it was just received six months ago and has been sitting in a bank account since then, it is likely not going to be divided. If the inheritance was received ten years ago during the marriage, then it will likely be divided by the Court, although not necessarily divided evenly. The percentage each side will receive will depend on many factors that are used in dividing marital assets under Massachusetts General Laws Chapter 28, Section 34.

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