How can I make sure my child's partner doesn't their inheritance?

Short answer

Inheritances are typically protected from a claim on divorce, IF they are kept separate and not mixed with joint or marital assets. That usually comes down to something your child will have to decide to do on their own. So talk to them about it.

That’s their decision. So talk to them.

There are other ways - trusts or pre-nups - but those are complicated and not for everyone.

Long answer

In Ontario, an inheritance can be excluded from equalization in a divorce—that is, from a claim by a spouse—but only if it’s kept separate. If your child deposits their inheritance into a joint account, uses it to pay down a shared mortgage, or blends it with other family assets, it may be treated as part of the marital pot. That’s how spouses end up with claims.

If the inheritance is kept separate, it remains protected, including any income or increase in value. But once it’s mixed, the protection is lost.

To reduce the risk, you can use a trust. A properly structured trust can keep the inheritance under your control or restrict how it’s accessed. This can be useful for large amounts or ongoing distributions, but trusts come with emotional and financial drawbacks. Alternatively, you can name your child as a beneficiary in your Will with clear language stating that the gift—and any income it produces—is intended to be excluded from family property. It’s also worth having a conversation with your child about keeping the inheritance separate or entering into a marriage contract. Even the best legal plan fails if they mix the funds with joint assets. In many cases, this conversation is the only viable strategy.

None of these steps offer absolute protection—but without them, your child’s inheritance is far more exposed. If you want to make it as difficult as possible for a spouse to reach it, build the wall now.

Want help protecting their inheritance?

This content is for general information only and does not constitute legal advice. Please consult a lawyer about your specific situation.