Will my husband get half of an inheritance (land, money etc.) if we divorce?

Question

I need to know if my parents will should be changed with my children as beneficiaries instead of myself. My parents are elderly. If I were to inherit their money would my husband get half of it in the likely event that we divorce? It's not a lot of money, but I need to protect my children. I work full time and he refuses to look for work. Our savings are dwindling. Also would a judge require that he actually work so he could contribute to child support? I'd appreciate any serious comments.

Answer 1

In VA, no. I can't say forsure about where you live. Get a lawyer to be safe.

Yes, the court will require that he pay child support and perhaps some alimony. Where he gets the money the court will not care, so the they will not require him to find work.

You're past ready for counseling. I would suggest it before things get worse.

good luck

Answer 2

Depending upon the state in which you live, if you have been the sole provider for a lllllooooggggg time, he could even sue you for spousal support. If you live in a community property state, if you inherit something, and it becomes what is called "co-mingled" then, yup, he could indeed go after it. Usually the cheapest way to get out of a marriage is to both of you hire a single attorney --- look under attorney+divorce+mediating.... he fills out the papers, you both sign, you two have already decided how your estate will be split, the less time the attorney spends, the cheaper your bill.....

I'm assuming what you want to do is not end up paying spousal support, and also not let him know that he may have that case against you. If you can indeed get him to just sign off, and if you do not ask for a pile of cash for your child support, you may be better off sliding this by him. However, since I don't know your financial situation, housing situation, how much $$ you make, how long you have been married, how long he has not worked, yadayada.....age of children, life style, undoubtedly your best bet would be to pay an attorney for his advise.

A judge ---------and you really don't want this settled by a judge, we are talking mega buckos, here----- could only state that his part of the child support would be x dollars, not that he has to have a job to pay those x dollars... Again, it may be that HE could sue YOU for spousal support!!!! (grim, but true.)

Answer 3

Any money is better than nothing. It would be a good idea to change beneficiaries. But will your children 'give' you what you deserve from the money thay get from their grandparents, or will they keep it for themselves and say tough luck to you. I'd call a wills and trust attorney and ask this question to him. How likely is it that you will divorce, from the sound of your message, you are contemplating divorce now. He refuses to work because you enable him so he does not have to work. He will have to pay child support, if he has no job the support will be based on a 40 hr work week at minimum wage and that's what he'll be ordered to pay, if he doesn't pay he will be in contempt and go to jail. (That's the way it is in Florida) You'll need to ask a family law attorney about that one. If you live near a University that offers a laww college, go there it's usually a free service. Won't hurt to ask!!!

Answer 4

An inheritance doesn't go to the spouce in cases such as divorce. That is your blood line and only you are entitled to that. You can pick and choose who will benefit from the money and who won't. You can verify this information with a lawyer if you wish, but your family's money is safe. If you file for divorce and custody, the judge will require your husband to find employment to support those children. If he refuses, he will be put in jail. Hope this gives you some peace of mind. Good luck and GOD bless.

Answer 5

By law, a husband is entitled to 1/3 of any money or property obtained during the marriage. If you cannot afford an attorney at this time, you should go to the library and look up the law to be sure. It might be different when it comes to an inheritance in which you are directly named as a beneficiary.

Answer 6

The answer to your question is NO. Your husband is not entitled to anything of yours or your families after a divorce. The only way he has any entitlement is if the two of you are still married at the time of inheritance.
On the note of him not working, make sure to document how long he has been out of work and the fact that he refuses to look for work. Also as far as support goes, a judge can and usually will impose full-time wages against the whatever parent is not working at the time of divorce. Just make sure that you bring your attorney up to speed on all that is going on if you are going to get a divorce or should decide to get one. It will also help if you can provide a list of name of people that back up what you are saying in regards to your husband.

Answer 7

Inheritances are not subject to consideration in a divorce. You have to be REALLY careful though to avoid having the inheritance become co-mingled assets. For example, if you took say $5000 from your inheritance and put it in a joint checking account and paid bills with it - the money you deposited would be called co mingled assets. Make sure that in the case you do get an inheritance that you put the money in an account that is in your name only - NOT the joint checking account.
Now, about your lazy husband... is there a valid medical reason - like a chronic disease or an injury that he does not work? If not, he can be ordered to pay child support and crinimal penaties will apply for non-compliance (but you would have to take him to court of course - a lot of ex-wives chicken out at that point).

Answer 8

Without knowing all the details about how the finances work in your marriage, I sort of always had the impression that when you are married – it’s for better or worse. Taking legalities out of the equation, a marriage is supposed to be built on equality not separation of status based on contributions. . Now - if he were drafting his own person wish list, then maybe I would question if this were truly the best action for using the money. However, paying off a home sounds like reasonable recommended request that’s mutually beneficial to the both of you. Therefore, I wouldn’t be so hard on his intentions. After all, if he went out and hit the mega-millions, I am sure that as his spouse, you would hope to be included you in his brand new financial lifestyle.

Answer 9

No. inheritance does not fall under community property. If something is left to you while you are married, and you are the benficiary, that inheritance will leave the marriage with you. But, if you were left, say, $100K, and at the time of divorce, the $100K was now $110K because of interest, the $10K in interest would be community property. Meaning, he would get $5K of that interest.

Actually, if the inheritance is left to the children, and not put into trust until they are adults, then your husband would have full access to it, as children cannot legally own property. If it is placed in trust for the kids, then neither of you will have access to the property or money.

Answer 10

Inherited land or money, etc., is not considered community property and is excluded from harm if you were to get a divorce. You may want your parents to find out if they should add a clause in their will to directly mention keeping the inheritance in their family name, or to add in what their wishes are for the inheritance in the event that you are deceased before them. I seriously think that inheritances are protected, but you might get them to make sure. Yes, in most states the father is required to work and pay child support, in my state, if the father does not fulfill his support duties then he suffers a number of penalties, ranging from losing driver's license to jail term depending on how long he continues to be delinquent.