Legal Question in Wills and Trusts in Colorado
I live in Colorado and am married, if I inherit money from my parents is it legally my own or does part of it become my husbands? We don't live together but he refuses to give me a divorce.
2 Answers from Attorneys
Your inheritance is yours alone, unless you commingle it with it with jointly held property with your husband. Set up a separate account in your own name and do not use the account to pay household or joint bills.
You can obtain a divorce in Colorado without your husband "giving you one". Just contact an attorney and they can assist you.
I would add that if you inherit money, the amount you initially inherit is your separate property, but any increase in value in the inheritance during the marriage is marital property. For example, if you inherit $100,000 in stock while married and it increases to $150,000 by the time you divorced, your spouse would be entitled to some portion of the $50,000 in increased value, but none of the $100,000. However, that $100,000 could effect a claim to maintenance (alimony).
To jump to a possible next question you might have, since I get asked this often, money that you might inherit is not considered your property (for divorce purposes) until you actually inherit it.
I agree with Mr. Greenberg that your husband cannot refuse to give you a divorce. The courts will not force you to stay married. If you want to get divorced, you just need to file the paperwork. I work in Larimer County and offer a free initial consultation if you want clarification or have other questions. Hope this helps.