If you’re facing a divorce in Tennessee and wondering whether your spouse has a claim to your inheritance, you’re not alone. Many people ask this question, and Tennessee law gives clear answers based on how you handle your inherited assets.
Tennessee’s property division
Tennessee follows an equitable distribution model for dividing property in a divorce, as outlined in Tennessee Code § 36-4-121. You keep separate property—assets you owned before marriage or received as a gift or inheritance—while the court divides marital property fairly between you and your spouse.
Your inheritance starts as separate property, whether you received it before or during your marriage. The Tennessee Supreme Court has consistently ruled that inheritances belong solely to the recipient unless specific actions change their status (see Jones v. Jones, 2016).
When does your inheritance become marital property?
You risk losing part of your inheritance if you mix it with marital assets. Courts look at two main scenarios that can shift your inheritance from separate to marital property:
- Commingling: You deposit inherited funds into a joint account or use them for shared expenses, such as mortgage payments.
- Transmutation: You title inherited property, such as a house, in your and your spouse’s names, signaling intent to share it. Courts then treat it as marital property.
These actions blur the line between separate and marital property, making it harder to argue that your inheritance belongs only to you.
Protecting your inheritance
You can keep your inheritance separate by taking proactive steps. Maintain it in an account under your name only, and avoid using it for marital purposes. The Tennessee Department of Justice recommends documenting your inheritance’s source with bank statements or wills to prove its separate status in court.
Proper handling ensures your spouse has no claim to your inheritance during a divorce. Consult a family law attorney to review your situation and keep clear records. This approach aligns with Tennessee law and protects what’s rightfully yours.
