i have been thinking about divorce for some time. my stepfather has recently told me that he is going to leave me a substantial amount of money when he passes, my husband knows this. can this be considered "separate property" or will i have to share this money with him if we do not divorce before i recieve the money??
2007-12-05 09:39:37 · 7 answers · asked by me 4 in Family & Relationships ➔ Marriage & Divorce
The property is not yours yet. Your husband has no claim to it yet. Once your step father dies, it becomes more like marital property.
Get separated now. Solve the problem early.
If you wait, you may have to share...honestly.
2007-12-05 09:46:54 · answer #1 · answered by kishoti 5 · 0⤊ 0⤋
It really depends on what state you live in, but in most states in the US an inheritance is considered marital property which means he is entitled to half of it. Another one of the answers stated this and were partly correct, but a divorce does NOT have to be final (in most states) for your husband to have no claim to the money. Once you file for divorce or a legal separation, he has no claim to that money. The date of filing with the Court is what matters, not the date that you are actually divorced.
Also, it does not matter what your step-father writes in his will - if the money comes to you and you have not filed for divorce your husband will be able to have a claim to it.
If you are unsure of a divorce, file for a legal separation until you are certain of what you would like to do. If you decide that you want to stay with him, you can dismiss the case and if you decide to go through with it you can then file for an actual divorce, but the legal separation will protect your assets, especially any inheritance you may receive.
Divorcee (whole divorce process took over 3 years!!!), former Paralegal (dealt mostly with marriage dissolution & wills, estates) ;)
2007-12-05 11:03:45 · answer #2 · answered by SexyDill 1 · 0⤊ 0⤋
If you would like to be divorce, divorce now, because if your step-father dies, and you are still legally married(that means you haven't been through the ENTIRE divorce process)then your husband will be entitled to it. If your divorced, it's yours, not his.
HOWEVER, if your step-father makes a will and just says your name is entitled to this property and he will have to say only you, then you will not have to share, but get a divorce anyway because your husband's lawyer will find out a way.
Good luck!
~Taylor
2007-12-05 09:54:18 · answer #3 · answered by Jasmine 4 · 0⤊ 0⤋
in the states this is all approximately tax advantages and baby credit and such. Staying married with babies (in spite of the undeniable fact that separated) will continuously make economic experience. on the different hand, there won't be lots animosity between them and that they are keeping the bond for the sake of the babies. normally, divorces ensue greater without postpone while there are intense issues handy....relatives violence case in point. Why do you care lots approximately them "getting it executed"? selfish? in spite of everything, you have been courting the married (albeit separated lady).
2016-10-19 07:42:04 · answer #4 · answered by ? 4 · 0⤊ 0⤋
Yes it's separeate, he can't touch this. I know I divorced after 31 years, same thing going on here.
2007-12-05 09:48:45 · answer #5 · answered by kim t 7 · 0⤊ 0⤋
My understanding is that an inheritance is always considered seperate property, as long as you don't place it in a common (joint) bank account.
2007-12-05 09:48:22 · answer #6 · answered by rlb1961 3 · 0⤊ 0⤋
That is a question for a lawyer in your state.......your stepfather could make stipulations in that reguard.....a lawyer would know how.....
2007-12-05 09:49:44 · answer #7 · answered by The Original GarnetGlitter 7 · 0⤊ 0⤋