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Inheritance and Equitable Distribution

If a person inherits anything from a friend or family member is the spouse entitled to any of it? I have been told that Pa is not a community property state?

- LM, Pennsylvania

Answer:

That's correct, Pennsylvania is NOT a community property state. That being said, any assets that are acquired during the marriage are considered to be marital property, which makes them subject to equitable division upon divorce. The process of equitably distributing marital property is carried out by the court, unless however, you and your spouse can mutually agree as to how you would like your assets to be divided between the two of you. The division of marital property DOES NOT, however, apply to cases in which one spouse has inherited an asset from a friend or family member. As such, if you received a gift of inheritance, you can rest assured that it will be safe from equitable distribution.



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