Legal Question in Family Law in New Jersey
Inheritance
If I receive a substantial inheritance from my parents can my wife get any of it if she files for divorce? The inheritance would be given to me and not her.
4 Answers from Attorneys
Re: Inheritance
Thank you for your inquiry.
As long as you do not commingle these funds, she cannot touch your inheritance.
As it would be my pleasure to speak to you regarding your potential divorce, please feel free to contact my office at 732 246 0909 to discuss same.
Very truly yours,
Edward R. Weinstein
Re: Inheritance
Though there are always exceptions to the Rule, generally inheritance is NOT considered marital property and your wife would not have a claim to it. If you wish to provide any further details for more definitive answers, I can be reached at 908-537-7975.
Re: Inheritance
If she has already filed for divorce, the inheritance would not normally fall under the category of a marital asset qualified for equitable distribution. However, there are many questions that must be answered before proper advice can be given. As your zip code indicates a South Jersey address please call my colleague, Jane Herchenroder, Esq., in Somerville, at 908-231-9222. She is most qualified to help you.
Good Luck.
Ralph Soukis, Esq.
201-599-0744
Re: Inheritance
Thank you for your e-mail. Normally inheritance and gifts to an individual from a third party are exempt from equitable distribution, so long as these funds are not commingled with marital assets. There may be exceptions and deviations from this rule based on the specific circumstances. No attorney-client relationship has been established in this response. You are advised to consult with an attorney of your choice to discuss the details of your matter and to obtain specific advice. Our firm's department of experienced family law attorney are available to meet with you. Contact our office to schedule a consultation. K. Scheiner