Hi barbie_ga,
No, inheritances do not become part of the matrimonial assets of a
couple ("except to the extent to which they are used for the benefit
of both spouses or their children").
Understanding the Law
A Guide for Women in Nova Scotia
The Matrimonial Property Act
"Under the Matrimonial Property Act, "matrimonial assets" are presumed
to be divided equally between the spouses at the end of the
relationship. In Nova Scotia, the law defines matrimonial assets as
any property obtained by either spouse before or during the marriage,
with some exceptions.
The following are some examples of matrimonial assets:
* the family home, if you and/or your spouse own it;
* any other real estate the spouses own, as long as it is not a business asset;
* an apartment lease;
* cash on hand or in a bank;
* cars and furniture;
* RRSPs (Registered Retirement Savings Plans);
* pensions;
* a severance payment received by either spouse or paid after
separation (in some circumstances); and
* stocks, shares, and bonds, including mutual funds.
The types of property that are not matrimonial assets are:
* gifts, inheritances or trusts received from someone other than
your spouse, except to the extent that they are used for the benefit
of the family;
* money awarded to one of you by a court after a trial, except in
relation to a matrimonial asset;
* money paid to one of you under an insurance policy, except in
relation to a matrimonial asset;
* reasonable personal possessions such as clothing (but cars and
furniture are matrimonial assets);
* business assets (see below); and
* property acquired after you and your spouse separate (unless it
was purchased with money saved during the relationship)."
http://www.nawl.ca/affil/NSAWL-utl0.htm#03
Matrimonial Property Act
4 (1) In this Act, "matrimonial assets" means the matrimonial home or
homes and all other real and personal property acquired by either or
both spouses before or during their marriage, with the exception of
(a) gifts, inheritances, trusts or settlements received by one spouse
from a person other than the other spouse except to the extent to
which they are used for the benefit of both spouses or their children;
http://www.canlii.org/ns/laws/sta/r1989c.275/20050211/whole.html
I hope this helps. If you have any questions, please post a
clarification request and wait for me to respond before closing/rating
my answer.
Thank you,
hummer
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