In a divorce, am I entitled to get half of my husband’s money if it is an inheritence or probate settlement?

Get Legal Help Today

 Secured with SHA-256 Encryption

In a divorce, am I entitled to get half of my husband’s money if it is an inheritence or probate settlement?

I got married a week ago to a man who is awaiting a probate settlement because his grandfather died down there with no Will. He is worried that if we don’t work out am I going to be able to be awarded any of his money in the divorce.

Asked on July 13, 2011 under Family Law, Indiana

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

No matter what state that you live in (community property or equitable distribution), separate property is not divided in a divorce. And an inheritance is deemed to be separate property. So no matter when you were married your husband's inherited property will remain his. You will have no claim on it.

That having been said, such property should be keep apart from any joint property. If separate property is "co-mingled" with marital property it can "transmute" (i.e. change into) a marital asset. This then would be capable of being divided between the parties. So has long as he doesn't deposit his inheritance into  a joint bank account or the like, it should be safe from any claim that you may try to make against it in a divorce settlement.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption