Legal Question in Family Law in Missouri

Divorce/Separation

I have been married to my husband for 28 years and over half of his military career (which I am entitled to half of his retirement). He admitted to committing adultery. Most recently I received a call from a police officer that he was stopped with a known prostitute in the car (a vehicle I was renting). He has gone to jail for failing to go to court several times. I want to separate and divorce my husband. I'm an only child and my parents are both deceased. They left me a home (paid for) valued at about $200K. We have two children, aged 22 and soon to be 18 years of age. I was told he can sue me for 1/2 of my inheritance (the home and the annual annuity I receive from my father - I and my two children are beneficiaries). Is this true? Can he take the home my parents left me (I am the sole beneficiary to their estate) and out of fear have left the house in my parents names. What if I make the property ''heirs property'' to protect my children's inheritance? What can I do? I had a mild heart attack in November and then again in March. My doctors have questioned me about my stress levels. I am a 51 year old degreed professional woman actively working. Please advise. Thank you.


Asked on 8/05/07, 10:44 pm

1 Answer from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

Re: Divorce/Separation

Without all of the facts it is impossible to give you any specific advice. Generally speaking, a spouse's inheritance is considered "separate property" not "marital property" to be divided between the divorcing parties. Of course, if you transferred the title to the property into joint names with your spouse after you inherited it, or if substantial marital funds went into the property during the marriage, then these facts would have an effect on the outcome. There is no doubt that you need to make an appointment and sit down with an attorney to discuss all of the pertinent facts and obtain an education on the basic substantive law that will govern your case. If you are in the St. Louis area, you may call me for a consultation.

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Answered on 8/06/07, 11:33 pm


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