Inheritance retained solely in beneficiaries name?

[John B Matz]

Jurisdiction

Colorado

Will inheritance assets be protected in case of divorce if he keeps all assets received solely in his name. My son is listed as the sole beneficiary of all my assets upon my death.

 

[adjusterjack]

He will have to do more than just keep the assets solely in his name. An inheritance is separate property but mistakes can be made that change the identity of part or all of the assets into marital property.

You can see how complicated it is just by looking at the statute that addresses disposition of property through divorce.

Colorado Revised Statutes Section 14-10-113 (2021) - Disposition of Property - Definitions :: 2021 Colorado Revised Statutes :: US Codes and Statutes :: US Law :: Justia

 

[zddoodah]

Will inheritance assets be protected in case of divorce if he keeps all assets received solely in his name.

Not necessarily. Colorado is not a community property states, so there's no "separate property." If a spouse wants to keep an inheritance "protected in case of divorce," keeping it in that spouse's name along without not be enough. Any commingling with marital assets (even in an account in only one spouse's name) would create problems. Best to consult with a local attorney for advice.