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The laws on how inheritances are treated varies by state. Under New Hampshire law, all assets, regardless of how acquired, and regardless of which spouse holds title, are considered marital property subject to division by the court.
Is an Inheritance Separate or Marital Property? In most states, an inheritance is considered separate property, whether you receive an inheritance before, during or after your marriage. Your spouse is not entitled to use or spend your separate property.
As a general rule, inheritances are not subject to property division in divorce. This is because inheritances are not considered marital property. Instead, inheritances are separate property belonging to the person who received the inheritance.
Courts in New Hampshire presume that everything a party owns is marital property to be divided equally, regardless as to when either spouse acquired it, what the title says about ownership, or who gave it to either party.
Courts in New Hampshire presume that everything a party owns is marital property to be divided equally, regardless as to when either spouse acquired it, what the title says about ownership, or who gave it to either party.