QUESTION
Do I have any right to the $50,000 she received from her grandmother since we had allotted $20,000 for the new kitchen that the house needed?
Asked on Sep 22nd, 2012 on Divorce - New Jersey
More details to this question:
We just closed on a house on December 30th. She got $50,000 from her grandmother and put it in a different bank account about three days before we closed on the house. Two weeks later, she told me she was leaving the kids and me. We are now looking at the specifics for divorce.
20 ANSWERS
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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Gifts that have not been co-mingled may not be subject to equitable distribution. Her grandmother gave her the money. Grandmother did not give you as a couple the money. She did not place it in a joint account.
Answered on Sep 27th, 2012 at 4:24 PM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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The money she obtained from her grandmother is her separate, non-marital money, and you are not entitled to any of it.
Answered on Sep 27th, 2012 at 4:23 PM
Estate Planning Attorney serving Las Vegas, NV
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Law Offices of Pamela R. Lawson
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If the $50,000 was the result of an inheritance or a gift, you are not entitled to any of it. Since she kept it separate from community funds, it remains her separate property. Sorry but there may be other dynamics of the situation that you have not mentioned that may result in some type of financial help to you.
Answered on Sep 27th, 2012 at 4:23 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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A present or an inheritance is separate property.
Answered on Sep 27th, 2012 at 4:23 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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In Colorado an inheritance is considered separate property that is not subject to distribution in divorce. Unless the new kitchen has already been completed and not yet paid for, you probably have nothing to claim simply because you had "allotted" money for the project. If the debt has been incurred, she may be liable for some or all of the unpaid bill.
Answered on Sep 25th, 2012 at 5:49 PM
If the $50K was a gift to your wife, you have no right to it. If it was a loan to "both of you", probably. You need to have evidence that the money was a loan or gift to both of you to have any right to it. Good luck
Answered on Sep 25th, 2012 at 5:49 PM
Michael Paul Vollandt
In my opinion the $50,000.00 is hers. It is separate property or definition.
Answered on Sep 25th, 2012 at 5:49 PM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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No, but the Court will take it into consideration in dividing the assets.
Answered on Sep 25th, 2012 at 5:48 PM
Tamara Marie Chin
The money is her separate estate.
Answered on Sep 25th, 2012 at 5:48 PM
Gifts and inheritances are the separate property of the person receiving it. Unless they comingle it with community assets, the community has no interest in the gift or inheritance upon dissolution.
Answered on Sep 25th, 2012 at 5:48 PM
Alternative Dispute Resolution Attorney serving Chandler, AZ
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Cox Sandoval Law, PLLC
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No. It seems that she will be entitled to those funds as either inheritance or a gift from her grandmother. She had not yet gifted it to the community or commingled the funds. My suggestion is that you consult with an attorney for further information.
Answered on Sep 25th, 2012 at 5:47 PM
Agriculture Attorney serving Fresno, CA
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The Law Offices of Tres A. Porter
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Most likely not. Gifts from third parties are usually considered separate property. However, you should consult with a family law attorney for more detailed advice as soon as possible.
Answered on Sep 25th, 2012 at 5:47 PM
Suzanne H. Lombardi
In Alaska the $50,000.00 from her grandmother seems to be a gift or inheritance. As long as she keeps it separate it is separate money and non-marital. You should contact an attorney to determine what exactly the $50,000.00 was for and to fight for you in your divorce.
Answered on Sep 25th, 2012 at 5:47 PM
Steven D. Dunnings
You could be entitled to a portion.
Answered on Sep 25th, 2012 at 5:46 PM
If she received a gift or inheritance and kept those funds separate from any joint funds, they would be considered her sole and separate property (not subject to division in a divorce), regardless of any discussion the two of you had regarding the use of the funds.
Answered on Sep 25th, 2012 at 5:45 PM
Alternative Dispute Resolution Attorney serving Coral Gables, FL
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Robert J. Merlin, P.A.
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Gifts from third parties that are not put into joint names are not marital and should not be divided. However, the funds can be used to pay child support, alimony or your attorney's fees.
Answered on Sep 25th, 2012 at 5:44 PM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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If she kept it separate it is hers.
Answered on Sep 25th, 2012 at 5:44 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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The money is totally unconnected to the marriage, and she has what is known as a "special equity" in it. You have no right to it.
Answered on Sep 25th, 2012 at 5:44 PM
Real Estate Attorney serving Williamstown, NJ
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Law Offices of Slotnick & Schwartz
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No. Inheritance kept separate is not a marital asset.
Answered on Sep 25th, 2012 at 5:43 PM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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OK...$50,000 is at stake. You need a lawyer to prevent your wife from hiding the money NOW. Retain a family law attorney to guide the divorce and protect your share of the $50,000, whatever it may be.
Answered on Sep 25th, 2012 at 5:43 PM