New York Divorce Attorney Discusses Marital Property
Question:
My father passed away in October and I received a deferred comp check and I have not cashed it. My husband had an affair before my father passed and I have left him since. I no longer live with him but have not filed a legal separation. Is this money i received from my father (only in my name) considered marital property? I fear he’s trying to work it out for my father’s money.
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Answer:
I am often asked this type of question as a New York Divorce Attorney. Your inheritance is not considered marital property. An exception to this however, would be combining or commingling this inheritance with marital assets (i.e. depositing the check into a joint bank account). My advice is that while your legal separation is pending, you should establish a separate bank account used solely to deposit and keep these funds. That way, there is no dispute that this bank account is where your inheritance was deposited. Also, should your husband ever try to claim that the funds in this new account are “marital”, it should be quite simple for you to trace the origin of this account back to your inheritance.
Have you received a substantial amount of money and want to know if it is marital property? Contact experienced New York Divorce Attorney Jennifer Sunderlin Morton.
This legal question was provided by a Avvo and answered by Jennifer Sunderlin Morton an experienced New York Divorce Attorney. This does not consent an attorney client relationship.