Can I Keep My Inheritance After Divorce? Singapore’s Stand

Divorce is not just an emotional separation—it’s also a financial and legal disentanglement. Many people preparing for divorce wonder what will happen to their personal inheritance. Can you keep what you inherited from your parents or relatives? Or will it be divided with your spouse like the rest of your matrimonial assets?

In this detailed guide, we explore how Singapore’s law treats inheritance during divorce proceedings, when it may or may not be protected, and why consulting a knowledgeable divorce lawyer Singapore is critical for protecting your financial interests.

What Are Matrimonial Assets in Singapore?

Before diving into how inheritance is treated, it’s important to understand what qualifies as matrimonial assets in Singapore.

According to the Women’s Charter, matrimonial assets include:

• Any asset acquired by one or both parties during the marriage
• Assets used by the couple or their children during the marriage
• Properties, cars, savings, CPF accounts, businesses, and investments
• HDB flats purchased before or during marriage and lived in together

Matrimonial assets are typically divided in a manner the court deems just and equitable—considering factors like each spouse’s contribution (both financial and non-financial), needs of the children, and the length of the marriage.

However, not all assets are automatically up for division—and this is where inheritance comes in.

Is Inheritance Considered a Matrimonial Asset?

Generally, inheritance is excluded from matrimonial assets in Singapore under Section 112(10) of the Women’s Charter.

If you received a financial inheritance, property, or valuables before or during the marriage—and kept them separate—these are not subject to division upon divorce.

Exceptions to This Rule

There are, however, several important exceptions where inherited assets may be treated as matrimonial assets:

If the inheritance was used for the benefit of both spouses or the family

For example, if you inherited a sum of money and used it to renovate or pay off a joint HDB flat, that portion of your inheritance could be considered a contribution to a matrimonial asset.

If the inheritance was converted into a shared asset

For instance, if you inherited a property and added your spouse’s name to the title deed, it would then be treated as jointly owned and subject to division.

If the inherited asset was substantially improved using joint funds

If both spouses invested in improving or maintaining the inherited property, the increase in value may be treated as a matrimonial asset.

In short, inheritance can be protected, but only if it remains clearly separate from marital use and assets.

How Courts Decide If Inheritance Should Be Divided

The court doesn’t automatically divide all assets equally. Instead, it examines the specific circumstances of each case.

Key factors the court may consider include:

• When the inheritance was received (before or during the marriage)
• How the asset was used during the marriage
• Whether the asset was kept separate or integrated into shared life
• The nature and value of the inheritance
• The intent of the party who inherited it

If your inherited asset was untouched, used only by you, and not co-mingled, the court is likely to treat it as non-matrimonial. But if it played a significant role in the couple’s financial life, it may be up for division.

An experienced divorce lawyer in Singapore can help you assess whether your specific inheritance will be considered part of the matrimonial pool.

Examples of Inheritance Situations in Divorce

To illustrate how these rules work in real-life divorces, let’s look at a few hypothetical—but common—scenarios:

Scenario 1: Untouched Inheritance

Sarah received $200,000 from her late father before marriage and kept it in a separate savings account. She never used it for household expenses or joint investments.

Result: Likely excluded from matrimonial assets.

Scenario 2: Inherited Property Used as Marital Home

John inherited a condo from his uncle and lived there with his wife for 10 years. They raised two children there and used joint funds for renovations.

Result: The court may consider the property a matrimonial asset due to its use and contributions made by both parties.

Scenario 3: Inheritance Invested in Joint Business

Linda received a cash inheritance and used it to co-found a company with her husband. The company became profitable.

Result: The inheritance, now part of a joint business venture, may be subject to division depending on contributions and value.

What Happens If the Inherited Asset Is Overseas?

Many Singaporeans inherit properties or funds from relatives overseas. Whether it’s a house in Malaysia, a bank account in India, or shares in a UK company, foreign inheritance can complicate asset division.

While Singapore courts do not have the power to divide overseas properties directly, they can factor these assets into the overall division of local assets. For example, if one spouse retains a house overseas, the other may receive a larger share of Singapore-based assets to balance the division.

If you have foreign inheritance, it’s crucial to work with a divorce lawyer in Singapore experienced in cross-border divorce cases.

How to Protect Your Inheritance Before and During Marriage

Here are smart steps you can take to keep your inheritance secure—whether you’re already married or planning for the future:

1. Keep the Inherited Asset in Your Name Only

Do not add your spouse as a co-owner or joint account holder. Keep inherited bank accounts, properties, or investments in your sole name.

2. Do Not Use Inheritance for Shared Purchases

Using inherited money to fund joint homes, cars, businesses, or vacations may blur the line between personal and marital assets.

3. Avoid Mixing Inherited Funds with Marital Accounts

Keep a separate bank account for your inheritance. Mixing funds makes it harder to prove which portion came from inheritance.

4. Maintain Clear Records

Document the source of the inheritance, how it was received, and how it’s been used. This includes wills, transfer deeds, or bank transfer history.

5. Get a Prenuptial or Postnuptial Agreement

Legal agreements signed before or during the marriage can clearly state that certain assets (like inheritance) will not be divided upon divorce. Courts in Singapore may take such agreements into account if they are fair and made with full disclosure.

A reputable divorce lawyer in Singapore can help draft a valid agreement and ensure it reflects your intentions clearly and legally.

What If the Inheritance Was Received After Separation?

If you receive an inheritance after divorce filing, it is not considered a matrimonial asset. However, disputes may arise if the other party claims that negotiations were already underway or that the inheritance was expected earlier.

Again, documentation and legal guidance are key.

Why You Need a Divorce Lawyer in Singapore

Inheritance issues can become legal minefields—especially in high-conflict divorces or where emotions run high. A divorce lawyer can:

• Help you assess whether your inheritance will be protected
• Gather documents to prove your case
• Ensure fair asset division while defending your legal rights
• Advise on agreements to safeguard your inheritance before or during marriage
• Represent you in complex or contested divorce hearings involving property, custody, or maintenance

A seasoned divorce lawyer in Singapore understands the nuances of the Women’s Charter, court precedents, and strategies for handling inheritance claims with clarity and confidence.

Conclusion

In Singapore, inheritance is not automatically considered a matrimonial asset—but that doesn’t mean it’s entirely safe from division. How the inheritance was received, used, and treated during the marriage plays a major role in whether it will be protected or divided.

To ensure your inheritance remains yours, it’s essential to keep it separate, avoid co-mingling, and maintain proper records. Better yet, consult a trusted divorce lawyer in Singapore to get personalised advice and legal protection that matches your specific situation.

Divorce is complex enough—don’t leave your inheritance to chance. With the right legal strategy, you can protect what’s rightfully yours and move forward with financial peace of mind.