Is an inheritance divided in the event of a divorce?

During a divorce, one of the issues that arises is the division of property. If the property includes assets inherited, this creates further uncertainty. Some people believe that all property is automatically divided equally between the spouses. In fact, this is not the case.

The law distinguishes between the spouses’ joint property and the separate property of each spouse. This is why inherited property has a special status in the event of a divorce. However, even in such cases, disputes may arise if the property has changed or if family funds have been invested in it.

The principle of division of inheritance

The general rule is that inheritance does not form part of the spouses’ joint property. The property belongs to a specific individual. However, to resolve a dispute correctly, it is important to understand when this rule applies without exception. After all, additional legal issues may arise.

What property is considered personal property?

The law distinguishes between the spouses’ joint and personal property. Personal property includes property that a person:

• acquired before marriage;
• inherited;
• received as a gift;
• purchased with personal funds.

The fact of marriage does not confer upon the other spouse a right of ownership over inherited property.

Why is an inheritance not usually included in the spouses’ joint property?

An inheritance passes to a specific heir. A flat, a house, a plot of land</ a> or other property received under a will or by operation of law is not subject to division. However, there are exceptions to this rule.

When does an inheritance become the subject of a dispute?

There are several scenarios.

If the inherited property has been improved using joint funds

Conflicts most often arise when, after receiving an inheritance, family money has been invested in the property. For example:

• major repairs have been carried out;
• additional rooms have been built;
• the house has been renovated;
• the value of the property has increased significantly.

In such cases, the court assesses the extent of the investments, as well as their impact on the value of the property.

If the other spouse contributed money or labour to the property

It is not only financial expenditure that matters. The court takes personal involvement into account, for example in construction or renovation work. Each case is considered on its own merits, and evidence is of decisive importance.

How is inherited property divided?

If the property has not undergone any significant changes during the marriage, it remains the property of the heir. This includes:

• flats;
• residential houses;
• plots of land;
• garages;
• commercial property.

The mere fact of cohabitation does not create a right of ownership.

Registration of the place of residence of the other spouse or children

Often, one of the spouses or the children is registered at the inherited property. This does not automatically confer a right to a share in the property. At the same time, when resolving housing issues, the court takes into account the interests of minor children and the actual circumstances of the family’s living arrangements.

What evidence is required in an inheritance dispute?

The main documents are the certificate of inheritance and the property deeds. Specifically:

• an extract from the state register;
• title deeds;
• technical documentation.

These confirm the origin of the property and the date on which ownership was acquired.

Evidence of joint expenditure on repairs or improvements

If the other party makes a claim regarding a share of the property, the following may be required:

• contracts with contractors;
• cheques and receipts;
• bank statements;
• expert reports;
• witness statements.

It is these documents that determine the outcome of the dispute.

How can you protect inherited property during a divorce?

The best option is a pre-litigation agreement between the spouses. After all, not every conflict requires court proceedings. If the parties are willing to negotiate, the dispute is resolved by signing a written agreement. This saves time and avoids additional costs.

Legal protection of personal property rights

If no agreement can be reached, the matter is resolved in court. The owner must prove that the property belongs to them as personal property and has not become joint property of the spouses.

When should you consult a solicitor?

Disputes over inheritance are not limited to analysing documents. It is necessary to assess the prospects of the case, prepare the evidence and formulate a legal position. A lawyer from Svarog will help you:

• review the documents;
• assess the risks of the dispute;
• prepare procedural documents;
• conduct negotiations;
• represent your interests in court.

So, if you need help with the division of property, do not delay. Svarog’s lawyers will assist you with your case.

Questions and Answers

Is an inheritance divided between spouses upon divorce?

Usually not. The inheritance belongs to the spouse who received it.

When can inherited property be considered joint property?

If its value has increased significantly as a result of joint investments or work carried out during the marriage.

Does a husband or wife have a right to a flat received as an inheritance?

The mere fact of marriage does not create such a right.

What should be done if joint funds were invested in the inherited property?

Gather evidence. That is, documents confirming the amount of expenditure and its impact on the value of the property.

What documents prove that the property was inherited?

A certificate of inheritance and documents registering ownership.

Is it possible to protect an inheritance from division in court?

Yes. You must prove that the property was acquired personally. You must also demonstrate that there are no grounds for it to be recognised as joint property.

How much does a solicitor cost in a dispute over inherited property during a divorce?

The cost depends on the complexity of the case, as well as the volume of documents and whether legal representation in court is required.