What is the law in Alaska regarding inheritance, and is it considered marital property?
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Q: Joseph and Lia were married for five years. Following the death of his mother, Joseph inherited securities. Wife divorced immediately after inheritance. What is the law in Alaska regarding inheritance, and is it considered marital property?
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A: There is a strong presumption that an inheritance is separate property that is not subject to division during a divorce. Inherited property is considered separate, even if acquired during marriage. However, an inheritance may be conveyed to the marital estate when it it the owner's intent, and his or her conduct corroborates that intent. Separate propery may also subject to division on the basis of equity. Instances where the courts treat separate property as marital property include the following: (1) where the non-titled owner's credit was used to enhance the property, (2) where the property's title was placed in joint ownership, (3) where the the property was continually managed and maintained by both parties, and (4) where the property was utilized as the parties' domicile.
Posted by Yara Zakharia on 26 Apr 2010
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