Do I Have To Split My Inheritance During Divorce if It Is in Our Shared Account?

 Posted on September 02, 2025 in Division of Property

Divorce often raises tough questions about what happens to money and property. If you placed your inheritance in a shared account, proving that it is separate property can be challenging. An experienced Arlington Heights, IL divorce attorney can help guide you through the legal process of determining whether your inheritance stays separate or becomes part of the marital estate.

What Does Illinois Law Say About Dividing Assets?

Illinois follows the rule of equitable distribution. This means that marital property is divided fairly between spouses, while considering several factors. That sometimes means that it is not divided equally. Under 750 ILCS 5/503, marital property generally includes assets acquired during the marriage, and non-marital property covers items like inheritances or gifts received by one spouse alone.

However, complications arise when non-marital property is mixed with marital assets. If your inheritance was deposited into a joint bank account and used for shared expenses, the court may view it as marital property. The judge considers how the money was used and whether you can trace it back to its source.

What Are Commingled Assets in an Illinois Divorce?

The legal term for mixing separate property with marital assets is commingling. The Illinois Marriage and Dissolution of Marriage Act states that if non-marital property is combined with marital funds in a way that it loses its identity, it may be reclassified as marital property. For example, placing inherited money in a joint checking account and regularly using it for groceries, bills, or vacations could cause the inheritance to lose its protected status.

However, there is an important distinction. If you can clearly trace the funds back to your inheritance, you may be able to argue that the money remains non-marital. Courts look closely at financial records, bank statements, and testimony to determine whether commingled property should be divided.

How Can You Keep Your Separate Property Separate in Illinois?

The safest way to protect your inheritance is to keep it completely separate from marital assets. Place the funds in an account that is only in your name and avoid using it for joint expenses. The law already presumes that inheritance is non-marital property, but the burden falls on you to prove that the money was not converted into marital property through commingling.

Other steps you can take to protect your inheritance include:

• Maintain detailed records: Keep copies of bank statements, transfer records, and any documentation showing the source of the inheritance.

• Avoid joint use: Do not use inheritance funds to pay the mortgage, utility bills, or other shared expenses.

• Consider a prenuptial or postnuptial agreement: This option requires you to act before divorce, but these contracts can make it clear that your inheritance remains yours alone.

Schedule a Free Consultation With a Rolling Meadows, IL Divorce Attorney

The more assets you have, the more complex the divorce process can be. However, you do not have to sort it out on your own. An experienced Arlington Heights, IL divorce lawyer can explain how the law applies and help you protect your financial interests.

Attorney Don Cosley at Law Offices of Donald J. Cosley personally manages every case he takes on. When you call with questions, you will speak directly with him, not a paralegal or assistant. With this level of personal attention, you can feel confident that your case is in capable hands. Call 847-253-3100 today to schedule your free consultation.