I just recently inherited a substantual amout of $ from a family member. My ex-common law wife found out about it, and threatened to sue for a peice of it, stating that she is entitled to her share. We were separated long before I inherited. I say she is not entitled. I have full custody of our child, I told her to leave me alone or I would sue her for child support--this was just a scare tactic on my behalf--the $ is for the upbringing of my child, and a good amount has been put into a savings account for my childs future. We are from a common law state and are legally seperated.
2006-10-08 14:09:19 · 13 answers · asked by Anonymous in Family & Relationships ➔ Family
The biggest mistake I made when I took custody of my son was that I didn't ask for child support. I had money and didn't want a dime from the ex. I figured that she'd throw it in my face for being a jerk, etc... etc... So I didn't persue it. It was mostly ego on my part. Bad move.
If you've had custody all of this time, go ahead and push for child support, even if you don't need the money. If you can collect, GREAT! Put in in an educational fund for your child. If you can't collect, you can slam her really hard in the future. Get a Lawyer ASAP!!!
Short story: a guy I knew, told me of the problems that he went through with his wife. And when he got divorced he told me how much of a low-down, dirty SOB he was. He described how bad he felt for doing things the way he did. To quote him he said "I 'had' to be a rotten bastard in Court. If not, she would've eaten me alive."
If I were in your shoes, I'd go on the offensive. Hit her and hit her hard. Don't give her time to breathe, because if you do, her lawyer will rip you a 'new one'. That's a fact. Why should she profit from YOUR money? Do what's right for your child & screw everyone else.
2006-10-08 14:31:03 · answer #1 · answered by Larry F 4 · 0⤊ 0⤋
Are you just separated or are you divorced? This is the million dollar question. If you are still married she may be legally entitled to a portion of the money. Contact your attorney ASAP. If you have full custody you are entitled to child support I think I would sue her for it no matter what happens with the inheritance. Make sure to keep records of how you have invested the money for the child. Also you might want to make sure it is invested in the child's name with you as her guardian. This might protect the money from the ex. Again contact your attorney and see what he says.
2006-10-08 14:59:05 · answer #2 · answered by Anonymous · 0⤊ 0⤋
she can try, but she wont be successful because common law or not, you are only legally bound to share assets up to the time of separation. This windfall came at a time where you were no longer together and providing that you can prove you were nolonger together at the time of this inheritance, she has no hope of getting her hands on the money and I would still be going for child support, just to give her the shytes for being a greedy gold digging cow...........
2006-10-08 14:15:09 · answer #3 · answered by Linda 3 · 0⤊ 0⤋
My sister went through this with her ex. My father died and we both got $ and he tried to sue her for half. Unless her name is in the will (that you both split or share the inheritance) she is not entitled to anything. Even if ya'll were still married an inheritance is not subject to the laws of seperation or divorce.
2006-10-08 14:51:54 · answer #4 · answered by heaven help me 3 · 0⤊ 0⤋
Anybody can sue for anything if they can find a lawyer to represent them. Whether they have a legitimate valid case is another issue, and whether they win the case in court depends on what evidence they can present, what evidence you can present, which is more persuasive, and who judges the evidence. The only person who can answer your question is a good lawyer. Most good lawyers will give a free consultation to see if you have a case they want to spend their time on - if they think there's money in it for them.
2006-10-08 14:15:20 · answer #5 · answered by justplaying 2 · 0⤊ 0⤋
It depends in your state laws. Check that out first. But then again she is no longer with you, so you have nothing to do with her NOW. You have full custody of your child, Don't give a second thought ....you are ok.
2006-10-08 14:13:56 · answer #6 · answered by Boricua Born 5 · 1⤊ 0⤋
If your state recognizes common law unions as equal to marriage, she may be entitled to a piece of the pie. I would contact an attorney asap.
2006-10-08 14:12:18 · answer #7 · answered by freedomnow1950 5 · 0⤊ 1⤋
Let her try. In this day and age, anyone can sue for anything. Get a good lawyer and win. Tell her you will counter sue for your expenses though, that might stop her.
2006-10-08 14:11:32 · answer #8 · answered by Common Sense 5 · 1⤊ 0⤋
your common law wife can try but she is not married to you. Get a lawyer and check it out. Good Luck.
2006-10-08 14:17:45 · answer #9 · answered by marie 3 · 0⤊ 0⤋
Good grief let's hope not!!! For crying out loud .. she is not entitled to anything. I think you better secure an attorney asap to protect your interests.
2006-10-08 14:22:22 · answer #10 · answered by ValleyR 7 · 0⤊ 0⤋