Legal Question in Family Law in New York

Re: Inheritance

You are not entitled to any of the property inherited by your husband. If you want out of the marriage, you should focus on other areas where you have something to lose or gain. My practice is entirely devoted to matrimonial and real estate law. You can call me at 212-367-9167 to schedule an appointment for a free consultation.

Re: Inheritance

This must be a difficult time for you. Counseling can be helpful. Clergymen are very qualified as well as secular professionals - therapist, psychologist, psychiatrist. The best is the psychiatrist - they are the best trained and brightest. With 4 children, counseling is your best option. However, if you do not make progress in couseling, divorce might be appropriate.

Regarding your legal question; when you file an action for divorce, all of the property of the husband and wife is called a part of the 'marital estate'.

In the situation you describe where there is an inheritance of your husband which does not include you, that inheritance is excluded from the marital estate and is called 'separate property'. You do not get to share in that property.

However any rental or other income received from the property is a part of the 'marital estate' and you do have an interest in that money.

You are welcome to a consultation for no fee at my offices at 42 West 44th Street, NY,NY. Please call for an appointment first. (646)591-5786 or (718) 729-2029

Re: Inheritance

You would not be able to claim the house as part of Equitable Distribution.

However, the inherited house could be used help pay for child suppport, marital debts, maintainance, to send you to school, child care, and your counsel fees, etc.

Suggest you consult with an experienced matrimonial attorney, such as me, for more specific advice.

FYI - I practice in NYC and Long Island.

Re: Inheritance

Probably not, but it depends on the specifics of your situation. For these circumstances you should consult an attorney who's familiar with both matrimonial and estate law.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

Re: Inheritance

Gifts and ineritances are separate property. However, you may have some avenues to claim an interest in the property.

Please feel free to contact me to discuss.

Daniel Clement

Re: Inheritance

Generally, an inheritence is not considered marital property. However, if your husband were to rent out the house and deposit the rent into a joint bank account, that money would likey be considered marital property.

If you want to discuss your case, please feel free to call us at 212-622-7180. We will need information about your husband's job, age of the kids, and marital assets.