Legal Question in Family Law in New Hampshire

When does inheritance technically happen and is it considered marital property

My husband and I are filing a joint petition for divorce and are working through it amicably. My question is this: My father-in-law passed away two months prior to our marriage in 1993 and left a $400,000+ stock portfolio to my husband. The will and distribution of this portfolio were executed after our marriage. Does this inheritance count as being acquired prior to or during our marriage? Am I entitled to half of it as marital property? Thank you!


Asked on 2/07/01, 4:04 pm

1 Answer from Attorneys
Roy Weddleton Granite Law

Re: When does inheritance technically happen and is it considered marital proper

All property is marital property in NH; You may confusing our law with "community property" that does separate out property owned prior to a marriage and property acquired by only one spouse during the marriage. NH law starts out with the assumption of an "equitable distribution" which starts at 50/50 but can be adjusted depending upon what is fair. Whether you will get 50% depends upon how long you were married, kids, custody, job, education etc.

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Answered on 3/20/01, 7:53 am


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