Does an inheritance become separate property? Rules for married and cohabiting couples
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Facts checked October 2, 2026.
No. Inheritance does not automatically become separate property for a married person. For an inheritance to be separate property, it is normally required that the testator has stipulated this in a will, or that the spouses later regulate the property through a prenuptial agreement.
What applies to a married recipient?
A spouse's property is, as a starting point, marital property unless it is separate property. Inheritance can become separate property if it follows from a condition in a will. Spouses can also agree through a prenuptial agreement that certain property shall be separate property.
What should be stated in the will?
If the testator wants the inheritance to remain outside the recipient's future division of marital property, the will should clearly state that the inheritance shall be the recipient's separate property. It may also need to be regulated whether returns and property replacing the inheritance should be included.
What applies to cohabitants?
A cohabitants' division of property mainly covers housing and household goods acquired for joint use. An inheritance in a bank account or inherited securities are therefore normally not included in the cohabitants' division of property. If the money is used to buy a joint home, the assessment may be different and ownership conditions should be documented.
Three practical examples
- Married and inherits money without a will condition: the money is normally marital property.
- Married and inherits according to a will with a separate property clause: the inheritance is normally separate property.
- Cohabitant and inherits money: the money itself is normally not cohabitation property.
Also read the guide on wills and how to create an estate distribution document.
