QUESTION
When divorcing, am I entitled to get half of an inheritance she is receiving?
Asked on Feb 22nd, 2014 on Divorce - Michigan
More details to this question:
My brother's wife walked out on him after he has supported her (financially and emotionally) for many years. No kids involved. She has been taking student loans out recently, while they are still married. Is he responsible for paying half of any bills she racks up while they are not together? Also, she just inherited more than $200,000. She has already received half so far. Is that money community money?
7 ANSWERS
No, Inheritance is separate property and not subject to division in divorce.
Answered on Feb 24th, 2014 at 4:33 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Yes. No. In Idaho, as long as they are married, debt is considered to be community debt. Now, he may be able to make an argument that the debt is solely for her benefit, but I don't know if he would win that. As long as she keeps the inheritance in a separate account in her name only, it is not community property. He should really get divorced as soon as possible.
Answered on Feb 24th, 2014 at 4:33 PM
The inheritance is separate property and the student loans are the debt of the student.
Answered on Feb 24th, 2014 at 4:33 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Your brother needs an attorney, and an attorney will need all of the facts to render a knowledgeable and firm opinion.
Answered on Feb 24th, 2014 at 4:32 PM
Bruce Provda
Inheritance is not considered a marital asset unless it has been co-mingled for some time. As far as debt goes, that gets negotiated in the divorce, have him speak with a divorce attorney.
Answered on Feb 24th, 2014 at 4:32 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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An inheritance is not community property so while the court can use it to make a fair division, it is not done except in extreme cases. Student loans, unlike other debt, usually goes with the student.
Answered on Feb 24th, 2014 at 4:32 PM
Business Litigation Attorney serving Los Angeles, CA
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Gerard A. Fierro & Associates
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The debts incurred by one spouse after separation are separate debt. The inheritance is a separate asset.
Answered on Feb 24th, 2014 at 4:32 PM