If a spouse inherits real property (real estate) or personal property (money, stocks, bonds, art, jewelry, antiques, etc.) before or during marriage, it is generally separate property (not marital property) and is not subject to division upon divorce in equitable distribution/common law property states or in community property states. But any appreciation or increase in the value of such separate property (e.g., real estate, stocks) and any income from such separate property (rental payments, stock dividends) may be marital or community property—unless the parties agree otherwise in a written prenuptial or postnuptial agreement.

An important exception to this general rule is the situation in which separate property from an inheritance is commingled with marital or community property—by placing funds from both sources in the same bank account, for example, or holding (titling) real estate from both sources in the same entity (limited liability company, family limited partnership, etc.).

In Oklahoma, which is an equitable distribution state, property acquired by either spouse during the marriage is typically considered marital property and subject to division upon divorce. However, property inherited by one spouse, either before or during the marriage, is generally regarded as separate property and not subject to division. This includes real estate, money, stocks, bonds, art, jewelry, and antiques. Any increase in value of the separate property, such as appreciation of real estate or dividends from stocks, may be considered marital property, potentially subject to division, unless there is a prenuptial or postnuptial agreement stating otherwise. It's important to note that if separate property is commingled with marital property, it may lose its separate status and be treated as marital property. For example, if inheritance funds are deposited into a joint bank account or if inherited real estate is held jointly, it may be subject to division upon divorce. An attorney can provide specific guidance on how these general principles apply to individual circumstances in Oklahoma.