Inheritances in Divorce Lawyer
Most understand that dividing assets according to equitable distribution is a part of the divorce process, and this encompasses personal assets, investments, properties, benefits and more. Specifically, assets are classified as separate or marital, with marital properties subject to division. In regard to inherited property, however, it is generally considered a separate asset, belonging to only one spouse. Even so, if the spouse that inherited the property merges the property with marital property, the nature of the property changes. In other words, the only way to ensure that inheritances are not subject to division is to keep them entirely separate during the marriage. As one can imagine, this is rarely done. Thus, matters of inheritances and division of those become complex during divorce proceedings.
As an example, suppose one spouse inherits a house, and shared funds from a joint bank account are used to refurbish it. When classifying this asset as separate or marital, a court may determine that a portion of it is separate, while the other is marital.
With extensive experience in divorce and matters pertaining to equitable division, attorney Todd M. Boudreaux of the Boudreaux Law Firm continues to provide personalized legal counsel in family law cases to clients throughout the greater Augusta area. To discuss your inheritance issue in a free, confidential consultation, contact the Boudreaux Law Firm.
Experienced Representation for Your Inheritance Concerns
The concept of equitable division in divorce is based upon the state's idea of what is considered "fair" and "just." This does not require that assets be distributed equally. Several factors contribute to the court's decision, some of which include the behavior of the parties in respect to certain assets, including inherited items and property. Additionally, Georgia courts have the right to award a less wealthy spouse a greater portion of an asset or inheritance so that he/she may continue to maintain a similar quality of life. This is especially true in divorces following a long-standing marriage.
Without question, when it comes to divorce discussions and matters of inheritance, clients benefit from an active, diligent lawyer. At Boudreaux Law Firm, attorney Todd M. Boudreaux provides thorough investigation into your inheritance concerns with a high level of commitment to your case.
To schedule a free, private consultation, contact Boudreaux Law Firm today.