How does family law treat inheritance?

As couples undergo separation, one person becomes entitled to receiving something and another is responsible for payoffs. In cases when parents or a guardian dies, the heir or heirs are entitled to certain possession of cash and assets.

Now, what happens when inheritance is in question during a separation or divorce? Let us see what our family law in Lethbridge has to say:

Generally speaking, anything that has been inherited by your spouse before the final judgment on the case is taken place, will be taken into account. When dividing the assets, the court will perhaps treat the inheritance as part of the overall property pool. So, there is no thumb rule that all the properties will be divided between you and your ex as there are multiple factors that come into play.

The timing of inheritance matters

The time when the inheritance was received is very material to the overall scenario. As you would expect, if you receive an inheritance in year 1 of a 20-year relationship, then this will be treated differently from what you received just 1 day prior to the consent orders being filed in the court during the separation process.

So, when your spouse has given you a fair share of the inheritance a few days or weeks before the relationship comes to an end, the inheritance will be balanced out in favor when it comes to the contribution each one has added to the relationship.

The use of the inheritance

While taking a call on such inheritances during separation, the court will also take into account how the inheritances were used. The usage of inheritances is a relevant factor. So, if one partner has used an inheritance of $500 in buying a family home, the same will be considered a contribution to the relationship.

The court will check how the inheritance was used and misused and take a call on the contributions.

The intention of the person giving the inheritance

Whenever a person bestows you with an inheritance, he or she always has an intention behind the same. It may be possible that your spouse’s father had left a large inheritance to your spouse but the intention was to leave the money for the growth and development of the entire family. In this is the case, then the contributions of the inheritance might not be counted to only one party’s benefit.

In such cases, there should be enough evidence that the inheritance was meant for the entire family.

If you have doubts about family law in Lethbridge or you are searching for an injury lawyer in Lethbridge, we would like to offer our services. Talk to us now.

Bryan Lee is the author of this website and writes articles for a long time. For further details about Family Law in Lethbridge and Injury Lawyer in Lethbridge please visit the website.

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