A friend wants to get a divorce. He has personal items that was given to him. Would his wife have any claim to them in the divorce?

He had been given hunting guns from his father before he died. And has over the years bought himself fishing things with his money and other personal things. She never bought any of these things. Will he lose these things in the divorce?

Asked on June 30, 2009 under Family Law

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You did not list what State this question comes from but generally, inherited property is separate property, and it is treated as such in equitable distribution and community property states.  There can be instances where the inheritance becomes muddled up in the marriage that is joint or community property (like when money is inherited by one party and is used to purchase a marital home). 

The things your friend purchased during the marriage could be held as joint or community property subject to distribution.  Each case depends on the specific facts involved.  Only an attorney with all the facts before them and knowledge of the state laws can give you a definite answer.  Look here for an attorney in your friend's state for help: attorneypages.com.


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