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P. Simmons
P. Simmons, Attorney
Category: Estate Law
Satisfied Customers: 33104
Experience:  12+ yrs. of experience including estate law.
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My question is concerning equitable distribution of property

Customer Question

My question is concerning equitable distribution of property during a divorce in North Carolina and specifically....if a husband receives an inheritance from a deceased parent during the course of a marriage and that marriage then dissolves...is the inheritance part of the marital property to be divided...is the wife due 50% of the inheritance?
Submitted: 8 months ago.
Category: Estate Law
Expert:  P. Simmons replied 8 months ago.
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Expert:  P. Simmons replied 8 months ago.
What you are describing is "separate property"...so long as the husband keeps that property separate (so does not put in a joint account) he keeps that money if there is a divorce
Expert:  P. Simmons replied 8 months ago.
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Customer: replied 8 months ago.
What if it was first placed in joint acct then moved it once he wanted out of marriage?
Expert:  P. Simmons replied 8 months ago.
That makes it more complex...the issue will be if the court can "trace" it...if it is possible to trace it (show that it was not confused with deposits and withdrawals from the account, it is possible to claim it as separate property.
Expert:  P. Simmons replied 8 months ago.
Hi
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Thanks for your understanding
Phil