Legal Question in Family Law in New York

Re: Where do I stand?

I am a little confused by your question. Assuming you mean the gift by your deceased father-in-law, under DRL 236B, "property acquired before marriage or property acquired by bequest, devise, or descent, or gift from a party other than the spouse" is deemed separate property.

However, money in a joint account owned by you and your wife is deemed marital property and is subject to equitable distribution (your entitled to a percentage of the property).

Mike.

Re: Where do I stand?

If the bequest money was never held in a joint account or put into property held jointly by you and your wife, she is free to do with it what she wishes, but she vannot take property held in joint and exclude you from its use. I suggest you speak to marital law attorney as soon as possible.

Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.

Re: Where do I stand?

Property that passes by inheritance to a spouse is usually not subject to equitable distribution. However, if she had commingled inheritance funds in a joint account, there may be a presumption that she intended to make these funds marital--although the presumption is not necessarily unassailable. Joint account monies are marital property. You definitely should speak to experienced divorce counsel.

Re: Where do I stand?

The property that your wife inherited is her separate property. However, she cannot retain for herself the funds from your joint accounts.

Daniel Clement