Is Inheritance Considered Marital Property in Massachusetts?

In Massachusetts, the classification of inheritance as marital property can be complex and nuanced. Massachusetts is an "equitable distribution" state, meaning that marital property is divided fairly, but not necessarily equally, in the event of a divorce. However, inheritance is generally considered separate property under Massachusetts law. This principle means that property acquired by inheritance remains the individual property of the person who received it, and is typically not subject to division during a divorce.

Nevertheless, there are important exceptions and nuances to consider. If the inherited assets are commingled with marital property, such as by depositing inherited funds into a joint account or using them to purchase joint property, these assets may become subject to division. This commingling can complicate the process, potentially leading to the inheritance being partially considered marital property.

Moreover, if the inheritance is used to benefit both spouses, such as by funding home improvements or investments that increase the value of a marital home, the non-inheriting spouse might have a claim to a portion of the increase in value. Courts may consider these factors in determining a fair distribution.

Understanding how inheritance is treated in divorce requires careful consideration of how assets are managed and used throughout the marriage. Consulting with a legal professional who specializes in family law in Massachusetts is advisable to navigate these complexities and ensure that one's rights and interests are properly protected.