Divorce is hard enough without the added fear of losing family heirlooms, financial gifts from loved ones, or other inherited assets. The good news? Virginia Family Law has been helping individuals approach property division for over 20 years, offering clarity and protection for what’s theirs. Inheritances can be a tricky subject in divorce, and whether or not you’ll need to share those assets depends on how they’ve been managed during your marriage. Let’s look deeper at how inheritances are treated in Virginia and what steps are needed to safeguard what matters most to you.
Virginia Protects Your Inheritance—With Important Exceptions
Under Virginia Code § 20-107.3, inheritances are generally considered separate property, meaning they belong solely to the person who received them. This protection applies whether you inherited before or during your marriage.
Virginia law specifically defines separate property as “all property acquired during the marriage by bequest, devise, descent, survivorship, or gift from a source other than the other party.” This means your grandmother’s jewelry, your father’s savings account, or the family cabin should remain yours alone.
However, this protection isn’t automatic. How you manage your inheritance during marriage determines whether it stays separate or becomes subject to division.
The Hidden Risk: How Inheritances Become Marital Property
The biggest threat to your inheritance comes from something called “commingling”—mixing your separate inheritance with marital assets. This happens more often than you might think:
Common commingling scenarios include:
- Depositing inherited money into a joint bank account
- Using inheritance funds to pay the mortgage on your marital home
- Adding your spouse’s name to inherited property
- Using inherited money for family vacations or household expenses
- Investing inheritance funds in jointly-owned investments
Once commingling occurs, Virginia courts may treat your inheritance as marital property that must be divided. The law presumes that when you mix separate property with marital assets, you intended to make a gift to the marriage.
Protecting Your Inheritance: Four Essential Steps
Don’t let poor planning turn your family’s legacy into a source of conflict. These strategies can help preserve your inheritance:
Keep It Separate
Open a bank account in your name only for inherited funds. Never deposit these funds into joint accounts, even temporarily. The same principle applies to inherited stocks, bonds, or other financial assets.
Avoid Joint Purchases
Resist using inherited money for shared expenses like home improvements, family vacations, or paying down marital debt. While it may seem generous, these actions can transform your separate property into marital assets.
Maintain Clear Records
Maintain detailed documentation that clearly shows the source of your inheritance and how you’ve utilized it. Bank statements, probate documents, and receipts can prove the separate nature of your assets.
Consider Legal Protection
A prenuptial or postnuptial agreement can clarify that certain assets remain separate property. This doesn’t mean you don’t trust your spouse; it just means you’re honoring the wishes of the family member who left you the inheritance.
Why Acting Quickly Matters
Every day you wait to protect your inheritance increases the risk of commingling. Even well-intentioned financial decisions can threaten your separate property rights.
Virginia courts examine the entire history of how you’ve handled inherited assets. If you’ve already mixed inheritance with marital property, an experienced family law attorney may still be able to trace and recover some of your separate assets, but this becomes more difficult over time.
Protect Your Family’s Legacy
Your inheritance represents more than money; it’s your family’s way of caring for your future. You shouldn’t have to choose between honoring that gift and maintaining your marriage.
Every situation is unique, and Virginia’s property division laws can be complex. Speaking with a knowledgeable family law attorney early in the process can help you understand your options and take steps to protect what’s rightfully yours.
Contact Virginia Family Law Center today to schedule a consultation. Our experienced attorneys understand both the legal complexities of inheritance protection and the emotional weight of preserving your family’s legacy. Let us help you safeguard what matters most during this challenging time.
