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My wife filed for divorce., she had received $25,000 inheritance from home-care patient.
Anonymous4 views4 answers
She is sure this will not be divided between the 2 of us like nearly all of our debts and assets. Is this type of windfall from her job as a nurse considered her property exclusively or is it joint marital property?
It depends what she did with it after she received it. What I mean is, did she keep it as separate property or did she commingle it in joint bank accounts she holds with you? Even separate property can become marital property if it is kept separate. There are a number of factors that can influence how this property is treated, however, and I think you will need an attorney to get all the facts necessary to determine the proper course of action.
Hi, If your wife kept it in a separate account then it normally would not be subject to division. The key is what else is there to divide. The length of your marriage and several other factors. It is not an automatic yes or no answer. Talk to an attorney for more advice and information. Good luck to you.
Henry Gornbein
As the other lawyers have suggested, this is a complicated question that you should discuss with the lawyer who is handling your divorce.
However, in most cases, if money is not "commingled" but kept in a separate account, it will not be considered an "marital asset".
This is not a simple question, the answer depends on many factors. You will need to meet with an attorney to discuss if you have any viable claim to a share of the inheritance. It would be a good idea for you to have counsel to address other issues in the divorce as well, such as how to allocate other assets and your debts. Best of luck to you.
