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


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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