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QLD Separation - How to Keep Inheritance?

Discussion in 'Family Law Forum' started by Gaye, 5 May 2015.

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  1. Gaye

    Gaye New Member

    5 May 2015
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  2. Sophea

    Sophea Well-Known Member

    16 April 2014
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    Hi Gaye,

    As long as you are negotiating the property division with your ex, you can argue that the inheritance is yours as you brought it into the relationship and refuse to share it. However if it goes before the court, the court may decide that your inheritance should be included in the asset pool, depending on various considerations including:
    • When the inheritance was received i.e. during the relationship or after separation;
    • The size of the inheritance; and
    • Whether either or both of the parties in any way contributed to the inheritance.
    It is sometimes possible for the inheritance to be excluded from the asset pool, if it was received after separation. However, if the other party can show that they contributed in some way - for example by financially supporting the deceased who gave the inheritance or looking after them when they were sick it may be drawn back into the asset pool.

    Generally speaking, if the inheritance was received in the early or middle stages of a long relationship the court will usually include it in the pool of assets for distribution between the parties. However its difficult to say what a court will determine and each case will turn on its own facts.

    I don't know of any way to definitely keep it out of reach of your ex though.

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