Legal Question in Family Law in New York

divorce ,

my wife of 15 years just came into some money her mother

passed away. we have a 12 year old send. she makes twice as

must as i do. if we divorce is this money commuity propery.

I'm i entitle to some


Asked on 11/01/02, 11:54 pm

1 Answer from Attorneys

John Hayes The Law Office of John M. Hayes

Re: divorce ,

First: NY is NOT a "community property" state.

Second: NY does have "marital distribution", which is similar to "community property". In general terms, "marital distribution" means that - should there be a divorce - husband & wife each have a 50% interest in any/all property, money, pensions, investments, etc., accumulated during the marriage.

Third: However, an inheritance received by a spouse is NOT subject to marital distribution - - the inheritance is the individual property of the spouse who inherited it.

Regards, etc.,

J.M. Hayes

>>--> The foregoing amounts to musings and observations based on some years familiarity with the 'day-to-day' operation of the law with regard to the issues involved In The Most General sense; my remarks should not be thought of as "legal advice and counsel" in the formal sense of that phrase, since there is, in fact, no 'attorney / client' relationship existing between us. <-<<

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Answered on 11/02/02, 12:24 pm


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