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I am in the process of a divorce and my father passed away…

I am in the...

I am in the process of a divorce and my father passed away and had me listed as a beneficiary. My soon to be ex wife wants to claim half if it and is not listed as a beneficiary. Does she get half?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

South carolina

Lawyer's Assistant: Has anything been filed or reported?

Yes we have a marriage agreement

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes can she bill be for repairs done by her boyfriend in the house we are selling

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Answered in 7 minutes by:
9/19/2017
socrateaser
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 40,064
Experience: Retired
Verified

Hello,

Under well-established South Carolina law, property acquired by one spouse through gift or inheritance is non-marital, and not subject to division by the court upon divorce. Your spouse will not receive any portion of your father's estate, without your consent.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

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Customer reply replied 10 months ago
Thanks what about the second question? Can she bill me for repairs done by her boyfriend in the house we are selling when he volunteered to help?

Sorry for missing the second question.

Your spouse can't bill you, because she didn't do the work. Her boyfriend could bill you, but if you refuse to pay, then he will have to sue you in court, and your spouse will be equally liable for the bill.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

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Customer reply replied 10 months ago
Even if he volunteered to do the work and did not say he was doing the work for pay

There is a legal doctrine called "quasi-contract," under which a person who receives an unjust benefit at another's expense, is bound to restore the unjust benefit received.

In court, you could argue that the boyfriend volunteered. But, the truth is more like the boyfriend was "in love" with your spouse, and so his judgment was impaired, and he did work voluntarily that he would have otherwise only done for fair compensation. Of course, the boyfriend would have to make that claim and prove it to the court's satisfaction. If he does, he'll win (in my humble opinion). Otherwise, he will lose.

In court, it's not about what really happened -- it's about what the parties can prove really happened. And, that is frequently much different -- which is why court cases turn out differently from how parties believe they should: insufficient proof.

Anyway, that's how it works. I hope this better clarifies the issues for you. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

Thanks again for using Justanswer!

socrateaser
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 40,064
Experience: Retired
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