QUESTION
Does my wife have any access to my inheritance during a divorce? How?
Asked on Jun 25th, 2015 on Divorce - California
More details to this question:
I am getting a divorce and I lost my mom at the first of the month. Does my soon to be ex have access to any inheritance I may get?
9 ANSWERS
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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I don't think the key concern is her having or lacking access to the inheritance. It is whether she has any rights to it. The answer is most places is that an inheritance is separate or individual property. So it belongs to you. There are some very rare exceptions, but that is the general rule. If you have not retained an experienced family law attorney, today would be a good time to find one.
Answered on Jun 26th, 2015 at 12:02 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Generally not .. if you do not co-mingle your inheritance with your marital assets SO.. keep all funds from your mom's estate separate until you are divorced.
Answered on Jun 26th, 2015 at 10:47 AM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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Any inheritance is yours alone so long as you don't mingle it with joint property.
Answered on Jun 25th, 2015 at 10:40 PM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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Generally, any inheritance is yours and yours solely, as long as it has not been comingled or placed into a joint account, which is typically the only way she would have access anyway. You need to speak with an attorney.
Answered on Jun 25th, 2015 at 8:43 PM
DUI Attorney serving Grove City, OH
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Law Office of John G. Galasso
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No; They are not considered marital assets.
Answered on Jun 25th, 2015 at 8:42 PM
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No she does not, it is your separate property. However, you should not commingle it with community property as you may lose it. For instance, if you inherit money, do not put it in a community bank account.
Answered on Jun 25th, 2015 at 7:52 PM
Alimony Attorney serving Rockville, MD
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Law Offices of Aimee C. Robbins
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Not if you keep it separate and apart from any joint bank accounts, investments, etc. Do not comingle any part of it with marital assets.
Answered on Jun 25th, 2015 at 7:31 PM
I would think that your spouse or ex spouse will not have any claim to any inheritance that you now received. It would probably be considered separate property.
Answered on Jun 25th, 2015 at 7:09 PM
Personal Injury Law Attorney serving San Diego, CA
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Law Office of Robert Burns
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No unless you chose to give it to her.
Answered on Jun 25th, 2015 at 7:09 PM