Legal Question in Family Law in New York
Divorce and Inheritance Money
My husband had inherited money from his mother. It was agreed to use a portion of it to pay down marital debt. Now that we are going through a divorce, he wants me to pay back half of the money. Am I entitled to do this? We have been married for 27 years.
2 Answers from Attorneys
Re: Divorce and Inheritance Money
There is probably no obligation on your part to do this but like with almost everything in marital dissolutions, this is subject to negotiation.
Re: Divorce and Inheritance Money
Notwithstanding the length of a marriage, in NY, (or most states), "inherited" property (money or assets) is NOT marital property. Under certain circumstances it can be "converted" to "marital property." But, Whether those circumstances exist in your case, is uncertain; and must be proved in a case that essentially will be based upon "he said" "she said;" And, possibly upon the deceased mother's intentions for the disposition of "her" property to her son.
You need a lawyer, ASAP.
Good luck,
Phroska L. McAlister,ESQ