Dividing assets during a divorce can be stressful, especially when inheritance is involved. If you received money or property during your marriage and are now facing divorce, you may be concerned that your spouse might claim a portion. In Illinois, the way inheritance is addressed in the asset division stage of a divorce often depends on how that inheritance was handled. A qualified DuPage County, IL family law attorney can offer tailored insight into how this might apply to your specific circumstances.
Is Inheritance Considered Marital or Non-Marital Property in Illinois?
Under Illinois law, marital property includes most assets and debts acquired during the marriage, regardless of whose name is on the title. However, inheritance is listed as one of the possible exceptions. According to 750 ILCS 5/503 in the Illinois Marriage and Dissolution of Marriage Act, property received by one spouse through inheritance is generally considered non-marital property, meaning it belongs only to the person who received it. That said, it is still possible for an inheritance, or a portion of it, to become marital property under certain circumstances.