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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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if a spouse deposits money he/she considers individual inheritance

Resolved Question:

if a spouse deposits money he/she considers individual inheritance into joint account and it remains for a few years is it then considered joint property?
Submitted: 7 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 7 years ago.
That depends. For the purpose of attaching a lien, or divorce, possibly. If, however, the money was not spent, and the interest is properly computed, and the money can be removed from the full balance and account, then that spouse can attempt to show that the money was not commingled and should be considered separate property.


Dimitry Alexander Kaplun, Esq.
Customer: replied 7 years ago.
I would like a little more details regarding divorce, and the funds invested but available and manipulated ny both parties
Expert:  Dimitry K., Esq. replied 7 years ago.
If the other spouse can create a clear trail of those funds, and those funds were solely inheritance based, then that AMOUNT of money can be considered sole property of that spouse.

For example, spouse inherited $10,000 which she deposited in joint account A for 10 years but never spent it. After 10 years that money is worth $20,000 but not spent. Upon divorce (if the money can be shown to not be moved and there is no evidence that money was given to the family), the spouse can claim the $10,000 (original amount) as hers solely, and as her inheritance. The remainder (interest) is split equally between the spouses since the money appreciated under the marriage of both.


Dimitry Alexander Kaplun, Esq.
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