Will my wife be entitled to any money I inherited from my family in our upcoming divorce?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Will my wife be entitled to any money I inherited from my family in our upcoming divorce?
What if I buy a house to move into now, before divorce is complete?
Asked on October 1, 2012 under Family Law, Missouri
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
If you live in a community property state, community property is property acquired during marriage. Community property also includes income during marriage. Each spouse has a one half interest in the community property.
Separate property is property acquired before marriage or after the marriage ends. Separate property also includes income before marriage or after the marriage ends. A spouse has no claim to the other spouse's separate property.
The money you inherited is your separate property regardless of when you inherited it. An inheritance is separate property.
If you are separated with no intent to reunite, property purchased such as the house would be your separate property and your ex would not have a claim. However, it would be advisable to consult with a divorce attorney in your state before purchasing the house in case your state has a different rule regarding property purchased after separation but before the divorce is final.
If you don't live in a community property state, other rules may be applicable.
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.