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The value of gifts or inheritances that you or your partner received during your marriage are excluded from the division of property upon separation or divorce. You may not know, however, that you have to treat those gifts or inherited items in a specific manner in order to take advantage of that exclusion.
Spouses do not have to share property that is not considered marital property. For example, they are not required under the Act to share certain business property, inheritances, gifts and property obtained after separation, as well as certain proceeds of the sale of such property.
Legally, spouses can keep their inheritance as their separate property. Under the Property (Relationships) Act, property acquired by way of inheritance is separate property, but for it to remain separate, it must be kept separate.
Adultery. A spouse can seek a divorce at any time if the other spouse has committed adultery (i.e., the spouse voluntarily had sexual intercourse with another person). Even if spouses are separated from each other, voluntary sexual intercourse is adultery and can be used by the other spouse to ask for a divorce.
Inheritance in Divorce: Ontarios Family Law Act Under Ontarios Family Law Act, when two people enter into a marriage, each spouse becomes automatically entitled to an equal share of the increase in value of property acquired during the marriage, subject to certain exceptions.
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The basic rule is that both spouses or common-law partners have a right to an equal share in the value of family property when they separate, no matter which one owns the property or where it is located.
Kansas is an equitable distribution state, and assets acquired both during and prior to the marriage can be subject to division following divorce.
Under Canadian law, each spouse is entitled to half of the equity thats accumulated during the marriage in the property that was used as the family home. This means that even if only one spouse is on the title or only one spouse holds the mortgage, both parties have a claim to the homes equity.
Excluded property is property that is not shared on divorce. The relevant statutory provision is section 85 of the Family Law Act, here). However, although inheritances and gifts are excluded, there are a number of circumstances where parties have been found to have lost an exclusion that would have otherwise have had.
Ordinarily before you get married, anything you inherit is considered to be your separate property. However once married most assets become joint marital property. In such cases if the inherited assets become part of the joint property, they could be subject to a split following a divorce.

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