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Am I entitled to any money my husband placed in an ira in s…

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Am I entitled to...
Am I entitled to any money my husband placed in an ira in his name only. I am on disability and he is retired but has around 400,00 dollars in the I r a I cannot remove any furniture because he owns it. We have been married for 6yrs I can't take his verbal abuse but have no place or money to leave.can u please give me some advice
Submitted: 2 years ago.Category: Family Law
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Answered in 38 minutes by:
3/5/2016
Family Lawyer: Christopher B, Esq., Lawyer replied 2 years ago
Christopher B, Esq.
Category: Family Law
Satisfied Customers: 4,166
Experience: associate attorney
Verified

My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.

Unless you have a prenup that says the account is all your spouses, you probably have at least some claim on the IRA. If he started the account after you married, it's marital property. If you married after he opened the account but he contributed money to the account during the marriage, at least some of the assets are marital property. In a community property state, you are entitled to a 50 percent split of marital assets. In common-law states, the split doesn't have to be equal but it does have to be fair. So to answer your question, yes you are entitled to part of the IRA if it is considered marital property. That is also the same for all assets in the marriage, if they are marital assets you would have a right to a portion of them and most furniture in the house would probably be considered marital property.

Please let me know if you have any further questions and please positively rate my answer if satisfied. There should be smiley faces or numbers from 1-5 to choose from. This extra step will cost you nothing extra and will ensure that I will be compensated for my time by the site.

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Family Lawyer: Christopher B, Esq., Lawyer replied 2 years ago

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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