How do I protect my inheritance from divorce in Canada?

Protect your inheritance received during the marriage open a separate account, in your sole name, for the inheritance; keep proof that you deposited the inheritance into the account; do not use the inheritance to buy jointly owned assets with your spouse; To the extent possible, do not deplete the inheritance.


Do I have to give my husband half of my inheritance?

You have no legal obligation to share it with your husband. However, you can convert your inheritance into marital property and give your husband a claim to it by failing to keep it separate from other marital assets.


Is inheritance marital property in Canada?

The value of gifts or inheritances that you or your partner received during your marriage are excluded from the division of property upon separation or divorce. You may not know, however, that you have to treat those gifts or inherited items in a specific manner in order to take advantage of that exclusion.

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Is my ex entitled to my inheritance?

The short answer is yes. A common misconception is that once you divorce, you are no longer able to bring an inheritance claim against your ex’s estate when they die. However, a divorcee remains eligible to bring an inheritance claim against their ex wife’s or ex husband’s estate, so long as they have not remarried.

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