Divorce and inherited assets

Are inherited assets or assets gifted from family protected from divorce?

Inheritance or gifts are non-matrimonial property (i.e. they come from a source which is external to the marriage, contrasted with property or assets which have been built up during the relationship by the endeavours of one or both spouses).  The starting point is that non-matrimonial property will be retained by the spouse who owns it and not shared with the other party. (See also how are assets split as part of divorce?).

However, this depends on all the circumstances of the case.  For example, if the inherited or gifted assets have been mingled with other matrimonial property and have been used to fund a higher marital standard of living, then it is possible for some or all of the money to become 'matrimonialised' and for the court to think it is fair for the funds to be shared upon divorce.  

It can be a good idea for a spouse with inherited or gifted assets to enter into a pre- or post-nuptial agreement to protect these in case of divorce (see are pre-nups legally binding?).

In these FAQs and answers, we use 'England' as a shorthand for 'England and Wales' because England and Wales share a single legal system. Scotland, meanwhile, is a different legal system and has different rules for many aspects of family law.

We have also chosen to talk about 'marriages' most of the time (which may be between either an opposite or same-sex couple). Unless we say otherwise, what we have said is also true of civil partnerships (which may also be between an opposite or same-sex couple).

These FAQs (and our website more generally) contain general information based on English law as it stands at the date of publication, but they do not constitute legal advice, nor are they tailored to any couple or family's particular circumstances. Whilst we endeavour to ensure it is accurate and up to date, website users should seek appropriate legal advice before taking or refraining from any action based on the content of the website. We would, of course, be willing to assist with this, and you can contact us here.

Any pricing information is similarly general. Our clients' relationship with us is governed by the terms of the engagement letter sent to them at the beginning of their instruction.

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Our team of divorce law solicitors are on hand to help and support couples who are thinking about divorce.  Speak to one of our experts confidentially by phoning Sarah on the number below, or complete our online enquiry form and we will contact you directly.

Divorce and family services

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More finance FAQs

What financial orders can the court make upon a divorce? How are assets split as part of divorce? What will happen to our family house if we divorce? What happens to pensions if we divorce? Will one of us have to pay spousal maintenance to the other following a divorce?
If I am paying spousal maintenance what happens if my ex-spouse starts a new relationship? Does one parent have to pay child maintenance to the other following separation? Are assets held in a trust protected in a divorce? If I am getting divorced abroad, can I still make financial claims in England? Do we have to go to court to resolve our financial issues upon divorce?
Do I have to give financial disclosure as part of divorce? How do I find out if my spouse is hiding assets as part of divorce? Are pre-nuptial agreements legally binding in England? What happens to assets I receive in the future after a divorce?