If my husband is about to get an inheritance from someone who died 10 years ago but is now asking for a divorce, what rights do I and/or our children have?

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If my husband is about to get an inheritance from someone who died 10 years ago but is now asking for a divorce, what rights do I and/or our children have?

We were married then the deceased died.

Asked on April 24, 2012 under Family Law, North Carolina

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 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.

An inheritance is separate property whether it occurs during marriage or after the marriage ends.  Since your husband's inheritance is his separate property, you would not have any claim to the inheritance.  Your children also don't have a claim.

If you don't live in a community property state, other rules may be applicable.


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