What Happens to Family Heirlooms?

In Pennsylvania, assets are divided under a system called equitable distribution. This does not always mean a 50/50 split, but rather a division the court deems fair. If you have inherited property or family heirlooms, you may wonder what happens to those items during divorce.

Share your concerns with a Bucks County family attorney. Dividing property in a divorce can be one of the most emotional and complex parts of the process. The good news is that Pennsylvania law treats inherited and gifted property differently from marital assets.

When Inherited Property Becomes Marital

Marital property includes most assets acquired during the marriage, regardless of whose name is on the title. This can include homes, retirement accounts, vehicles, and property. Yet inheritances and gifts received by one spouse are generally considered separate property, even if received during the marriage.

There are important exceptions. Separate property can become part of the marital estate if it is commingled with marital assets. For example:

• If you inherited money and placed it into a joint bank account, and both you and your spouse used it for household expenses, the funds may lose their separate character.
• Also, should your spouse contribute to the upkeep or appreciation of inherited property, such as helping to renovate a lake house you inherited, a court may decide the increase in value is marital property subject to division.

These nuances make it critical to carefully track inherited property and how it is managed during the marriage.

Of course some items are personal and kept separate. For instance, if a wife inherits her mother’s wedding china during the marriage. This set will likely be considered her separate property, so it would not be divided in divorce.

Or should a husband inherit a classic car, but during the marriage the couple invests significant marital funds into restoring it. The car itself remains his separate property, but the increase in its value may be subject to division. These examples illustrate how courts separate ownership of the heirloom from the financial value it may generate.

Protecting Your Inherited Property

If you want to ensure heirlooms remain separate, keep inherited items in your name only, avoid mixing inherited money with joint accounts, and document when and how you received them. In some cases, a prenuptial or postnuptial agreement can add another layer of protection.

Every family’s situation is unique, and inherited property often raises difficult questions when a marriage ends. A knowledgeable Bucks County family attorney can help you understand how equitable distribution applies to your specific case and work to safeguard the heirlooms and inheritances that matter most to you.

Is your mother’s jewelry or your spouse’s car collection from his uncle causing the two of you to fight as you prepare to divorce? Family heirlooms can carry tremendous sentimental weight. While the law views them as property, their personal significance can complicate negotiations. The family law attorneys at Kevin L. Hand, P.C. are available to help. Call 215-515-2604 to schedule a confidential consultation.