Inheriting property during a divorce; is it involved in the settlement?

19 Sep 2023

Divorce can be a complex process, especially when it involves inherited property. Home Buyers Ireland understands the unique aspects of the Irish property market and the intricacies of divorce proceedings. In this article, we'll delve into the implications of inheriting property during an Irish divorce and how it impacts your financial settlement.

Is my inheritance involved in my Irish divorce?

During a divorce in Ireland, marital assets are evaluated to determine their division between spouses. The crucial question here is whether your inheritance is considered a marital asset.

Is my inheritance marital property in Ireland?

In most cases, inheritance is not considered a marital asset in Ireland. It's typically classified as a non-marital asset, meaning it remains separate from the divorce proceedings. However, there are exceptions. If you deposited your inheritance into a joint account with your ex-partner and used it for what is considered a marital expense, such as buying a house or property improvements, it might be deemed a marital asset.

What if I inherit during the divorce?

If you inherit a property during your divorce in Ireland, your inheritance should generally be safe. It would have had to be inherited during your marriage and used as a couple in some way for it to count as a marital asset. Receiving the inheritance after separation eliminates the opportunity for it to be used in this way. You might also need to consider what happens if you inherit a house with a mortgage and how this might affect your situation.

What about an inheritance I will be getting in the future in Ireland?

Future inheritances are typically not involved in an Irish divorce, but this can differ depending on individual circumstances. If the inheritance due is of substantial value and significantly impacts the financial settlement, it may be brought into consideration.

What if I get remarried in Ireland?

If you receive a large inheritance in Ireland down the line, and your ex-partner attempts to claim a share, remarriage can affect this. In Ireland, if either you or your ex-partner remarries, any entitlement to each other's finances will expire. This leaves you free to decide whether you want to keep, sell, or rent out your inherited property.

How can I keep the inheritance as a non-marital asset in Ireland?

To ensure your inheritance remains a non-marital asset in Ireland, avoid combining it with your other marital assets. If your inheritance includes liquid assets like cash or investment accounts, register them in an account in your sole name, separate from your partner's. Keep these funds away from any marital assets, such as the marital home. If you inherit real estate, ensure that only your name is on the deed to prevent it from becoming a marital asset.

In conclusion, whether your inheritance is involved in your Irish divorce depends on various factors. If it is, sometimes the simplest way forward is to sell the property and split the proceeds, allowing you and your ex-partner to move forward separately. If you're looking to sell your inherited home in Ireland, contact Home Buyers Ireland today for a free offer.

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