Can I Keep My Inheritance After Divorce in Nova Scotia?

Receiving an inheritance during a marriage often feels like it belongs to you alone. When a marriage ends, many people worry that a gift from a parent or relative will be split with a spouse, especially if the money went into the house or a joint bank account.

There is no one-line answer. How the rules on dividing property apply to your situation depends on facts such as what you received, when, and what you did with it, so it is worth confirming with a lawyer. This article explains the questions that usually matter and how to prepare.

This article covers the law of Nova Scotia.

Why the answer depends on your facts

How property is divided depends on your situation, including what each spouse owns and how those assets were used during the marriage, so it is worth confirming with a lawyer. An inheritance is a common example of property that people argue should be treated differently from things bought together, such as a house or savings built from paycheques.

How an inheritance is treated may depend on where the money came from and on what happened afterward, so it is worth confirming with a lawyer. The exact legal effect of each choice is something a lawyer should confirm against the current legislation and your documents.

Facts that tend to matter most

• How the inheritance was received and held
• When you received it
• What has happened to the money since
• Any records of transfers or deposits
• Whether the asset is still cash or something else

How these details apply to your inheritance depends on your situation, so it is worth confirming with a lawyer. Keeping clear records of the inheritance and what has happened to it will make that conversation easier.

Where property and divorce issues are decided

The Supreme Court of Nova Scotia (Family Division) hears divorce, parenting arrangements, child support, and the division of matrimonial assets and debts. Since January 1, 2022, family law matters in the province are handled under Rule 59 of the Civil Procedure Rules.

An older Family Court guide says disputes about family property belong to the Supreme Court rather than the Family Court, although that guide predates the 2022 unified model. If you are unsure which court office applies to you, ask the court or a lawyer before filing.

Inheritance can still matter for support

Even where an inheritance is not divided as property, it may still be part of the financial picture. When deciding spousal support, the court considers the condition, means, needs and other circumstances of each spouse. Fault, such as who caused the breakdown, is not to be considered.

Child support table amounts are based on the paying parent's annual income, starting from the T1 General total income line. The court may look at income over the last three years and may impute income it considers appropriate. Whether inheritance money, or income earned from it, counts in a particular case is a question to raise with a lawyer or accountant.

Resolving it without a full court fight

The Family Division offers conciliation, mediation and voluntary judge-led settlement conferences. Mediation uses a neutral mediator who cannot make orders, and court referral generally needs an active application. Many couples find that a clear written record of the inheritance helps settle the question without a contested hearing.

If you and your spouse agree on all issues, a joint application for divorce can be filed on Form 59.46 and the file can go to a judge without a hearing.

What to do next

• Gather the will, estate documents or letters showing what you received and when
• Collect bank statements showing where the money went after you received it
• Gather mortgage, deed and renovation records if inheritance money went into the home
• List any joint accounts that received or paid out inheritance money
• Avoid moving or spending the funds in a rush before you get advice
• Speak with a family lawyer about how the property rules apply to your situation

If cost is a concern, Nova Scotia Legal Aid may be available to applicants who meet its financial eligibility rules, and the Commission can find someone eligible where hiring a lawyer would cause undue financial hardship. Confirm what is covered for your type of matter before you rely on it.

Frequently asked questions