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LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37394
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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My aunt passed away in 2008. Her estate is finally settling

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My aunt passed away in 2008. Her estate is finally settling and I am one of five beneficiaries in her will. If I accept the money from her estate and put it in my sole account, which my husband has never had his name on, will he be entitled to any part of that money in the event we divorce? I have already received a small portion from that estate which I put into that bank account and have spent about a year ago. He was aware of that money. He is currently not aware that any more money is due to me. Our current situation is that we are thinking of separating, as I have just found out he has been cheating on me. I could use this money to help pay off the new car I just bought, pay off my credit cards, secure an apt. for me and my daughter, and help finance the divorce if it comes to that. Someone told me that if the money was left to me only, and that if I put it in an account which he has never had his name on, that he cannot touch this money in the event of a divorce. Is this true? tx
Good afternoon,

I'm sorry to hear of your dilemma.

So long as you do not mix your inheritance money with marital assets, that money will remain your personal property and your husband will not have a claim to it. However, if you spend it paying off assets that are already marital, the money will lose it's protected status as personal property and become marital property.

You would be better off buying a new car and using only your money to pay for it---that way the car will remain your personal property.

I wish you the best in 2011.

Because I help people here, like you, for a living---this is not a hobby for me, and I sincerely XXXXX XXXXX abiding by the honor system as regards XXXXX XXXXX I wish you and your family the best in your respective futures.

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