Divorce can raise many questions about money—what gets divided, what doesn’t, and what happens to things you thought were yours alone. One of the most common questions we hear is about inheritance. If you received money or property from a parent, grandparent, or other relative, will you have to split it in your divorce?
In South Carolina, the answer depends on how the inheritance was handled during the marriage. Some inheritances are protected. Others get pulled into the process and may be treated like marital property. Knowing the difference can significantly impact what you keep and what you may have to divide.
When Inheritance Is Separate Property
South Carolina law says that inheritance is not considered marital property if it is kept separate. That means if you received money or property during the marriage and kept it in your name only, it may still belong only to you. For example, if you received a check and put it into a bank account with just your name on it and didn’t mix it with other marital money, that’s a strong sign it will be considered yours alone.
The same rule applies to inherited property like a house or land. If you didn’t add your spouse’s name to the deed, didn’t use shared funds to maintain it, and didn’t treat it like joint property, you may be able to keep it in full during the divorce.
When Inheritance Becomes Marital Property
Things get complicated when inherited money or property is mixed with marital assets. This is called “commingling.” If you deposited inherited money into a joint bank account, used it to pay off shared debts, or put your spouse’s name on the inherited property, it might lose its separate status.
South Carolina courts look at how the inheritance was used. If it was treated like part of the marriage—shared, spent, or used together—it can be considered marital property and divided. Even if it started out as yours alone, how it was handled can change how it’s treated in a divorce.
Inheritance can be a tricky issue in a divorce, especially when the lines between separate and marital property get blurry. If you’re unsure whether your inheritance is protected, don’t guess.
At Cate & Brough, we help people understand their rights and protect what’s theirs. If you’re going through a divorce and have questions about inheritance or other property issues, we’re here to help you sort it out and make sure your interests are protected. Reach out to schedule a consultation.
Cate & Brough, P.A.
