Legal Question in Family Law in New York
Inheritence used as personel funds-marital asset?
My father-in-law died in Feb.02. Within 4 days of his funeral my husband had his mother sign over all her assets (substantial cash and a home) to him as well as making me sign a waiver to those assets (I was denied legal counsel). One month later he used $67,000.00 of those assets to pay off our jointly owned home. We are currently embroiled in a divorce action which he contests. We have 2 children (5 and 10 yo). He is seeking to force sale of the home leaving me and my children without a place to go. I have had to work part time to accomodate his work schedule and am now going to school. What are my rights? Thank you.
2 Answers from Attorneys
Re: Inheritence used as personel funds-marital asset?
This is tricky.You are not entitled to his inhertance. Income earned during the marriage is marital income.A gift is exempted because it is a gift and not an income.However, he has comingled monies from different sources into marital assets which may make the entire value of the asset become marital property.You have a lot of rights. It is the matrimonial home not his home alone and you both have equal rights. I will strogly suggest that you seek legal counsel
Re: Inheritence used as personel funds-marital asset?
You NEED and have the right to an attorney and if you are without funds, your husband can be Court ordered to pay for one of your own choice.
You have a divorce pending that presumably was filed by your attorney, and you should write a list of questions for your attorney to answer. If you are dissatisfied with the responses you should obtain new counsel.
Nevertheless, inheritance is not presumed to be marital property; ie., you were probably not entitled to money or assets received from your father in laws' estate, by your husband.
Notwithstanding the bounty being your spouses' separate property, and possibly not subject to equitable distribution, the Court requires that a spouse supports his ex spouse and children per his means; and rarely requires an ex-spouse and minor children to be removed from their home.
Settlement payment, Spousal maintenance (alimony)Child support and other means are often utilized to insure that the children and ex spouse are not left in a "wanting" state.
GOOD LUCK,
PHROSKA L. McALISTER, ESQ.
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