Legal Question in Wills and Trusts in New Jersey
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wife hid inheritance of 60k , wants to file separate income tax. discovered when 1099 send to house. Ground for a divorce? 1/2 this money mine? She spent 40k on my parents money!
2 Answers from Attorneys
Re: $
Clearly, your marriage is in trouble, and you are thinking of a divorce.
You can file for divorce; this may be grounds for claiming 'cruelty' or grounds for claiming 'irreconcilable differences'. You will have grounds for a divorce.
The more important questions are the children (if you have any), dividing assets and paying debts, and the like.
Usually, money that one of you inherits is exempt from claims by the other one of you.
You really need to get some assistance from an attorney. I suggest you find an experienced divorce attorney who is not too far from you, and ask the attorney for assistance. You will have to pay the attorney for the attorney's efforts.
There is a lot at stake. Get a lawyer!
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Re: $
A spouse's inheritances are generally exempt from equitable distribution if kept separate. If you want a divorce the grounds are easy enough there is even a newer irreconcilable differences provision. It is not clear what you mean when you say she spent 40k of your parents' money. If you mean that she took money such as a gift or inheritance from your parents from a jopint account or you otherwise commingled the money, this may be allowed as it was not kept separate. It may still play a role in the overall mix for equitable distribution in the final analysis looking at the statutory factors such as what each spouse brought to the marriage.