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N Cal Attorney
N Cal Attorney, Attorney
Category: Family Law
Satisfied Customers: 9364
Experience:  since 1983
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My husband inherited 3 million and retired. He intends on us

Customer Question

My husband inherited 3 million and retired. He intends on us living off this until we die. This will pay our bills, mortgage and living expenses as well as our retirement. He gives me money from the inheritance when I need it (it's in an account only his name) my question is if we ever got divorced am I entitied to his inheritance. Has it become community property? Since he has retired he's not earning any money so our joint money has ended. He did inherit 2 houses in his name that we rent out and we also use as vacation destinations.
Submitted: 11 months ago.
Category: Family Law
Expert:  N Cal Attorney replied 11 months ago.

Thank you for your question.

In which State are you located?

Customer: replied 11 months ago.
Customer: replied 11 months ago.
We've been married for 24 years. If that makes any difference. I gave up my career cause he said he would support us.
Expert:  N Cal Attorney replied 11 months ago.

Georgia does not have community property, it is an "equitable distribution" State, see

An inheritance is separate property and not subject to division, but it is available to pay spousal and child support.

An inheritance can be transmuted into marital property if it is commingled with marital property.

So even though the inheritance is not marital property, a divorce judge will not ignore it when setting support orders.

I hope this information is helpful.

Customer: replied 11 months ago.
Has it become commingled? I read if the inheritance has been used to benefit the family it has been commingled. So even though he has told me this is our retirement money ( he doesn't have any other retirement no 401k or anything) i don't have any rights to it?
Expert:  N Cal Attorney replied 11 months ago.

You said that he keeps it in a separate account so it sounds like it has not become commingled. That can be a complicated issue. It sounds like part of it has become commingled, but not necessarily all of it.

You can get a free consultation from some of the divorce attorneys listed by location here. A local attorney can go over all the facts with out in confidence and advise you as to how much of the inheritance has been commingled. Only a local attorney can provide legal advice.