Legal Question in Family Law in New York

Not sure which category this falls under.

My parents recently passed away, leaving the family house to my brother, sister and myself. We have sold the house and agreed to divide the proceeds 3 ways after the required 7 month waiting period for creditors to come forward.

Here's my question: My wife of 28 years (a rocky 28 years) may be waiting for the money to become available and then file for divorce. Is there any way that I can protect the money from her taking half?

Thank you,

Dave


Asked on 3/31/10, 12:24 pm

2 Answers from Attorneys
Kristen Browde Browde Law, P.C.

If the money or property is left to you alone, it is not marital property and will not be divided in a divorce.

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Answered on 4/05/10, 12:45 pm
Rory Alarcon Rory Alarcon, Esq.

Hello Dave,

The simple answer is file for divorce yourself. The date of the divorce filing is the usual 'cutoff' date used when determining the value of assets.

Also, make sure not to take any money received and put it into a joint account. If you keep the inheritance assets separate from her, then she cannot make a claim for equitable distribution of these assets.

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Answered on 4/05/10, 12:46 pm


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