HOW ARE GIFTED AND INHERITED PROPERTY TREATED IN A DISSOLUTION OF MARRIAGE?
Generally, gifted and inherited property are to be set aside to the party receiving the gift or inheritance. The court, however, has the power to divide gifted or inherited property if it finds that said property would be unfair to either party. In addition, the court considers the following factors in determining whether or not gifted or inherited property should be divided: 1. The length of the marriage; 2. Contributions made by each party towards the property’s care, preservation, or improvement; 3. The co-mingling of gifted and inherited property with other marital assets, i.e. assets owned by the parties during the marriage.
