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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 30168
Experience:  Attorney with experience in family law.
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My husband and I are in mediation after a years separation,

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My husband and I are in mediation after a year's separation, ending a 24 year marriage. 10 years ago he inherited a large sum of money. This is presumed to be separate, but we get regular dividends which we pay taxes on, filing jointly, and recently, the financial institution overseeing that investment account wanted to switch over to Ameritrade and I was required to sign because I was the secondary on the account.

At any point is any of that inheritance commingled, if I am paying taxes on the extra income, or if I am a secondary on the account?

My name is XXXXX XXXXX I'd be happy to answer your questions today.

If the funds were placed in an account in both names, then you have a valid argument that he gifted his separate property to the marriage, thereby converting the nature of the property to community property. If he paid the taxes on that money from joint accounts, that could help you argue that the earnings on the money are also community property.

In addition, if you are seeking alimony, those funds could be considered when determining the marital standard of living that was enjoyed and what he could afford to pay.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
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