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Can anyone provide insight into what is considered martial property and needs to be split upon divorce?
Big property (car/house) purchased by 1 before marriage and has remained in that 1 person's name ever since
Big property (car/house) purchased by 1 before marriage but converted ownership to 2 names during marriage
Big property (car/house) purchased during marriage but has always been in 1 person's name
Separate Property is what each had acquired prior to the marriage. Marital property is what was acquired during the marriage (equity in the home and properties, retirement savings increases, etc that were increased during the marriage.) After the divorce date, you are back on your own again.
However, the husband's inheritance from his parents is typically considered separate property and doesn't need to be shared with the other spouse.
This seems like it would be very challenging in reality unless the inheritance was recent. If the inheritance was deposited in a shared bank account and assets/investments were purchased with the money how would somebody reasonably prove that money was from an inheritance and not communal property?
This seems like it would be very challenging in reality unless the inheritance was recent. If the inheritance was deposited in a shared bank account and assets/investments were purchased with the money how would somebody reasonably prove that money was from an inheritance and not communal property?
You answered your own question: It can't be reasonably proved. That's why one keeps inheritance funds in a separate account.
I don't begrudge my STBX's inheritance because it looks like he is always going to be too lazy to collect it. He's the executor and refuses to act. Won't even do the tax returns for the estate.
I don't see why it would be that difficult to prove certain money in an account was from an inheritance and not communal property. The probate documentation from an estate plus the will determines who inherits the proceeds from the estate and how much that amount is. The check is in the name of the person who inherits it--the spouse's name is not on the check.
This thread is not about a relationship and seeks legal advice. It is off-topic for this forum. Consequently, the thread is now closed.
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