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Thread: inheritance

  1. #1
    penny is offline Junior Member
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    Default inheritance

    I would like verification if this was good advice that I had recieved from an attorney. Just months prior to filing for divorce, my then husband received an inheritance that we were anticipating receiving. He took the inheritance and put in an account in his own name without my knowledge as he was having an affair with a co-worker which I was also unaware of. He then co-mingled the funds in a marital joint account for 4 months and then abruptly removed the funds when I found out about the affair. During mediation, I was told that since it was briefly in and out of our marital account, that it was not joint property, and also since we had considerable other assets, that this wasn't worth arguing about. The amount was 100K which I consider a sizeable amount and feel that it should have been part of our joint assets that were split at mediation. Especially considering that he squandered it on his cheating girlfriend and left me to spend our marital funds supporting household bills and to support 3 children during a time he was out of work while he attended rehab for alcohol issues.
    I do not feel this was handled fairly and would like another opinion.

  2. #2
    Attorney Howard Iken's Avatar
    Attorney Howard Iken is offline Administrator
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    I agree with the other opinion as to the "short period of commingling".

    You are not out of luck - it is just an uphill battle for you. But that does not mean you cannot make an argument that the money is marital.



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