July 31, 2025
When couples separate or divorce, questions about splitting assets often arise. One common area of confusion is whether an inheritance counts as a marital asset. At Bates Wells and Braithwaite, Ipswich solicitors with expertise in family law, we understand this can be an important and sensitive issue.
What is a marital asset?
Marital assets generally include property, savings, pensions, and possessions received during a relationship. These assets are usually subject to being split between spouses if the relationship ends.
Is inheritance included?
The simple answer is: it depends. Inheritance is usually considered the personal property of the person who received it, especially if it was kept separately from other matrimonial finances or assets. However, if an inheritance has been mixed with joint assets — for example, used to buy a family home or deposited into a joint account — it may become part of the marital estate.
Factors our solicitors consider
Family law is complex, and courts look at various factors when deciding what counts as marital property, including:
- How and when the inheritance was received
- Whether it was kept separately or mingled with marital funds
- Contributions of each spouse to the marriage and to the asset’s maintenance
- The length of the marriage
- Any prenuptial or postnuptial agreements
- The overall financial picture and whether there is enough in the marital pot to ensure future needs, such as housing
Why legal advice matters
If you’ve inherited money or property, or you’re going through a divorce or relationship breakdown and unsure about your rights, consulting an experienced solicitor in Ipswich or Hadleigh can help. At Bates Wells and Braithwaite, we provide clear, practical advice tailored to your situation, ensuring your interests are protected.
Getting help from our legal team in our Ipswich or Hadleigh office
Our family law team in Ipswich or Hadleigh are here to guide you through the process with empathy and professionalism. Whether you want to understand your rights or need help negotiating a fair settlement, we’re ready to assist.
Contact Bates Wells and Braithwaite today for a confidential consultation in Ipswich or Hadleigh and find out how we can help you navigate inheritance and marital assets.