Legal Question in Wills and Trusts in Ohio

husband's claim to half his wife's inheritance

Can a husband assert ownership over half his wife's inheritance from the sale of her deceased father's house? He claims ''spousal property'' but has no personal funds vested in said house. The wife, however, was forced to use her entire 401k to avoid foreclosure on the marital residence (although it's in his name only). She has always been the major family support. Can he force such a claim to his wife's inheritance? At present she's on the verge of separation and/or divorce & is afraid he may have enforceable ''community property'' or ''spousal'' rights. She needs to sell the house & make final distribution. Her overriding concern is that he will squander all ''community funds'' and she will end up with absolutely nothing, especially in light of having already forfeited her 401K. Can she protect her rightful inheritance from him?


Asked on 5/15/06, 2:10 pm

1 Answer from Attorneys
Gregg Manes Gregg A. Manes, Esq.

Re: husband's claim to half his wife's inheritance

If you have received an inheritance to YOU and you alone it is nonmarital property and not subject to division. In other words, you keep it. If the house was given to both of you then the husband has a right to funds from the house.

Bottom line, consult counsel to protect your behind especially if you are contemplating a divorce.

Read more
Answered on 5/15/06, 7:00 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Ohio