Virginia law considers inheritance as separate property that belongs only to the person who received it. So, generally, the quick answer is no, your spouse shouldn’t have any claim on your inheritance.
But the full answer becomes more complicated depending on what you did with that inheritance during your marriage. Depending on how you used or stored your inheritance, your spouse might have a valid claim to at least a portion of it.
When your inheritance becomes marital property
Virginia courts recognize inheritance as separate property. However, you can accidentally convert it into marital property through a process called commingling.
Commingling happens when you mix inherited assets with marital property, making them impossible to separate. For example, if you deposit $100,000 you inherited into a joint checking account and then use that account for household expenses over several years, you’ve commingled those funds.
The longer these mixed assets remain commingled, the harder they become to separate during divorce.
Why joint accounts endanger your inheritance
Depositing inherited money into shared accounts creates serious risks during divorce:
- Ownership questions: Money in joint accounts legally looks like it belongs to both spouses
- Hard to trace: You can lose the clear paper trail proving which money came from inheritance versus marital income
- Growth issues: Interest earned from inherited money in joint investment accounts usually becomes marital property, too
- Limited records: Regular bank statements may not provide enough proof for court anymore
More importantly, courts may view your decision to use a joint account as evidence you intended to share that inheritance with your spouse.
How to keep your inheritance yours
The best protection starts with keeping inherited assets completely separate from marital property.
Open a bank account in only your name and deposit inheritance funds there. Then, make sure to avoid using this account for joint expenses of any kind.
Keep detailed records showing the source of your inheritance, including wills, estate documents and bank statements. If you receive property as inheritance, keep the title in your name alone.
Protecting what your loved one left for you
Your inheritance can stay yours alone if you handle it carefully throughout your marriage. Before filing for divorce, review all your inherited assets and document their separate status.
Even if you’re already in the middle of divorce proceedings and worry you’ve commingled funds, there’s still hope. An experienced family law attorney may help you trace assets and possibly recover at least a portion of your inheritance.