Will money/stocks my husband of 28 years inherited during our marriage be split when we divorce?

All money/investments have been co-mingled all these years.

Asked on September 20, 2011 under Family Law, North Carolina


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

Answered 9 years ago | Contributor

You said the magic word here in New York: co-mingled.  And I am sure that it is probably the same in North Carolina but I would double check with an attorney there to be sure.  For what is clearly separate property of one party to be considered marital property for purposes of divorce, there has to be a clear intention of the partyto whom the property was left to have it become marital property during the marriage.  Co-mingling funds is one way.  Placing a spouse's name on the deed to inherited property is another way.  The facts surrounding each case will differ and be important to the determination.  Good luck. 

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