If your spouse receives an inheritance before or during your marriage, you may be wondering if you are entitled to a share of that inheritance as part of your divorce. The short answer is, probably not.
In Minnesota, non-marital property is generally not subject to division. In other words, if the inheritance is non-marital property, you would not be entitled to a share of your spouse’s inheritance as part of the divorce proceeding, even if it was received during the marriage.
The burden of proving that an asset is non-marital property is on the spouse asserting the non-marital claim. In order to prove the non-marital nature of an asset, the spouse must be able to “trace” the funds to a non-marital source and also show that no marital funds were comingled with the non-marital funds.
In the case of an inheritance, you will want to ensure that the donor intended for the inheritance to go only to one spouse. If the intent was for the inheritance to go to both parties, there is no non-marital claim.