Navigating divorce is challenging — especially when questions arise about inheritance. At Hobson & Hobson, P.C., we guide clients across Atlanta, Canton, Marietta, Alpharetta, Milton, Roswell, and Duluth through the complexities of inheritance after divorce, ensuring their rights and financial interests are protected.
How Georgia Law Treats Inheritance in Divorce
In Georgia, inheritance is generally classified as separate property. This means that if you receive an inheritance — whether before or during your marriage — it is typically not subject to division during divorce proceedings. This rule applies to all forms of inherited assets, including:
- Real estate
- Cash or monetary gifts
- Stocks and investments
- Personal property (jewelry, art, vehicles)
- Other valuable items
Unlike other assets acquired during marriage, inheritance is not automatically included in the marital estate. This distinction is crucial for anyone concerned about whether inheritance can be taken in divorce or if inheritance gets split in a divorce.
Key Exceptions: When Inheritance May Be Divided
While Georgia law provides robust protections for inherited property, there are important exceptions and pitfalls that can put your inheritance at risk:
1. Commingling of Assets
Commingling occurs when inherited assets are mixed with marital property. Examples include:
- Depositing inherited funds into a joint bank account
- Using inheritance to pay for shared marital expenses
- Adding your spouse’s name to the title of inherited property
Once commingled, it becomes difficult to prove the inheritance is separate. Georgia courts may then treat the inheritance as marital property, making it subject to division.
2. Appreciation of Inherited Assets
If inherited property increases in value during the marriage, the appreciation may be considered marital property — especially if both spouses contributed to the increase (for example, by renovating an inherited home together). In such cases, the original inheritance remains separate, but the increase in value could be divided.
3. Transmutation
Transmutation occurs when the owner of inherited property takes actions that indicate an intent to convert it into marital property — such as titling inherited real estate jointly or using inherited funds for joint investments.
Protecting Your Inheritance: Best Practices
To ensure your inheritance remains protected during divorce, consider these strategies:
- Keep inherited assets in separate accounts: Never deposit inherited funds into joint accounts.
- Avoid using inheritance for marital expenses: Do not use inherited money to pay for shared debts, home improvements, or vacations.
- Maintain clear documentation: Keep records of how and when you received the inheritance, and any transactions involving those assets.
- Consider a prenuptial or postnuptial agreement: These legal tools can explicitly state how inheritance will be treated if divorce occurs.
Our attorneys at Hobson & Hobson, P.C. have over 30 years of combined experience helping clients navigate these issues, especially in high-asset and complex divorce cases.
Georgia’s Approach: Equitable Division and Inheritance
Georgia follows the principle of equitable division for marital property, but inherited property is generally excluded — unless it has been commingled or transmuted. The courts will look at the source of the asset, how it was managed during the marriage, and whether any actions were taken that changed its status.
For more on Georgia’s property division laws, see the Georgia Code Title 19.
Recent Developments and Trends
As of 2024, Georgia courts continue to uphold the separate nature of inheritance, provided it has been properly maintained. Notable cases reinforce the importance of documentation and the risks of commingling. With the rise of blended families and complex financial portfolios, courts are seeing more disputes over inherited assets — making experienced legal counsel more important than ever.
Professional Guidance for Complex Cases
High-asset divorces, contentious custody disputes, and cases involving significant inheritance require a nuanced approach. At Hobson & Hobson, P.C., we leverage advanced technology and ongoing legal training to provide efficient, effective representation. Our team is prepared to litigate aggressively to protect your interests, but we also strive for amicable resolutions when possible.
We offer initial consultations to discuss your unique situation and develop a strategy tailored to your needs. Learn more about our approach at thehobsonlawfirm.com.
Frequently Asked Questions
Is inheritance included in divorce settlements in Georgia?
Generally, no. Inheritance is considered separate property and is not included in the marital estate unless it has been commingled or transmuted.
Can inheritance be taken in divorce?
Inheritance can only be divided if it has lost its separate status — typically through commingling with marital assets or by being used for joint purposes.
Does inheritance get split in a divorce?
Not usually. However, if the inherited asset has appreciated in value due to joint efforts, the increase in value may be subject to division.
Is my spouse entitled to my inheritance when we get divorced?
Your spouse is not entitled to your inheritance unless you have taken actions that convert it into marital property (such as depositing it into a joint account or using it for joint expenses).
What should I do to protect my inheritance in divorce?
- Keep inherited assets separate from marital property
- Maintain clear documentation
- Consider a prenuptial or postnuptial agreement
- Consult with an experienced family law attorney
What if I inherited property before marriage?
Property inherited before marriage is also considered separate property, but the same rules about commingling and appreciation apply.
Additional Resources
- Georgia Legal Aid: Divorce and Property Division
- Nolo: How Is Inheritance Treated in Divorce?
- FindLaw: Georgia Property Division Laws
- IRS: Gift and Inheritance Tax Information
At Hobson & Hobson, P.C., we combine decades of experience, innovative legal strategies, and a client-centric approach to protect your rights and your financial future. If you have questions about inheritance after divorce or need guidance on any family law matter, contact us today for a confidential consultation. Visit thehobsonlawfirm.com to get started.

Attorney Sarah Hobson at Hobson and Hobson, P.C. are powerful advocates for those who fight for better futures for those going through divorce and custody law matters.