If I’m divorcing after 40 years and my husband has a work related injury lawsuit pending and an inheritance coming, am I entitled to any of this?

I do not want the divorce, he does. He claims I owe him thousands; I do not. Money he claims I took was spent on household expenses, bills, food, kids, etc.but he refuses to believe it. I want to save our marriage and want counseling, but he is refusing. I say 40 years is too long to call it quits no matter what without at least trying counseling.

Asked on July 15, 2012 under Family Law, Minnesota

Answers:

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

Answered 8 years ago | Contributor

I am so sorry.  Inheritance is always separate proeprty unless it is co-mingled (in a bank account) or there is shown an intention to have it be considered marital property.  Same hold true in many state for money from a PI lawsuit but a claim can be made against a lost wages recovery (wages earned are marital property).  Please seek legal help.  Good luck.


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