Most common-law states protect a surviving spouse from complete disinheritance with an inheritance law that allows them to claim one-third to one-half of the decedent's property. In some states, the amount a spouse can inherit increases with the number of years of the marriage.

In most cases, inheritance acquired during the marriage would be considered a matrimonial asset, meaning that it forms part of the “joint pot” that is open for division during divorce proceedings. As a result, inheritance is not automatically excluded, and the courts do have powers to make it available to ex-spouses in certain circumstances.

Even though a spouse generally doesn't have a claim to your inheritance, there are instances in which a claim does become possible. Your spouse may have a claim to inherited property if you willingly complete a quit claim form and put her name on the deed.

A spouse is not automatically entitled to your inheritance, and an inheritance can be legally protected. However, your spouse can have a claim to the inheritance depending on its status as separate or marital property.