What legal consequences does a divorce have for my inheritance?
October 11, 2022 | 30,00 EUR | answered by Alexander Hartmann
Dear lawyer,
My name is Jonas Schlattmann and I am facing the difficult decision of getting a divorce from my wife. We have two children together and have been married for 10 years. During this time, we have bought a house together and built up a shared wealth. My parents have already passed away and left me an inheritance. Now I am worried about my inheritance in case of a divorce.
I am wondering what legal consequences a divorce could have on my inheritance. Do I have to share my inheritance with my soon-to-be ex-wife or does it remain solely my property? What impact does the divorce have on my wealth and on the shared house? Are there ways to protect my inheritance from a possible division?
I would be very grateful if you could provide me with an assessment of my situation and suggest possible solutions. I would like to secure my inheritance and at the same time find the best possible solution for my children.
Thank you in advance for your support.
Sincerely,
Jonas Schlattmann
Dear Mr. Schlattmann,
I understand your concerns and can empathize with the fact that a divorce in this situation raises many questions. It is important to inform yourself in a timely manner about the legal consequences of a divorce regarding your inheritance, your assets, and the shared house.
First and foremost, I want to assure you that your inheritance does not automatically have to be shared with your soon-to-be ex-wife. The inheritance you received from your parents is your sole property, as long as you have not merged it into the shared marriage. It is important that you can prove that the inheritance comes from your parents and is not part of the shared assets.
When it comes to your assets and the shared house, there are various ways in which a divorce can be settled. In the divorce proceedings, the shared assets are usually divided. This takes into account, among other things, who has earned the assets and whether one of the spouses has a right to compensation due to unemployment or childcare responsibilities.
If you want to protect your inheritance before a possible division, it is possible to enter into a prenuptial agreement. In a prenuptial agreement, you can stipulate that your inheritance remains your sole property and will not be divided in case of a divorce. It is important that the prenuptial agreement is notarized and complies with formal requirements.
It is advisable to seek advice from an experienced lawyer early on to clarify your rights and options in this complex situation. Together, we can find a tailored solution for your situation and best protect your inheritance and the well-being of your children.
I am available for a personal consultation and look forward to helping you navigate through this difficult decision.
Sincerely,
Alexander Hartmann, Attorney
