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.


Asked on 2/22/05, 10:21 pm

2 Answers from Attorneys

Stephen Loeb Law Office of Stephen R. Loeb

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.

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Answered on 2/23/05, 5:59 am
Phroska L. McAlister PHROSKA LEAKE McALISTER

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

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Answered on 2/23/05, 7:30 am


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