Legal Question in Family Law in Washington
Inheritance
My husband and I invested money he received through an inhertance. Now we are filing for a divorce and he says that because that was his money that all money gained through the investments are his.
1 Answer from Attorneys
Re: Inheritance
First Rule of Family law: Don't take legal advice from your ex.
He is attempting to persuade you that his conclusion as to the characterization of the property is correct, when actually, the Court's conclusion is the only one that matters.
He has to show that the bequest was to him individually, and that he sequestered the funds and never comingled them.
Go look at the will. Was the inheritance left to him BEFORE you got married (there is a rule about that) or was it left to you both, jointly? I cannot tell from your facts presented.
Depending on how it was left and when it may be community property from the get-go, and it may not be. Go look at the probate file, the will is there and it is public record.
Depending on how carefully he kept his records, and what your husband spent money on, the investment proceeds could be separate, but more likely they are community, as they were to the benefit of the community.
You need a lawyer if you do not have one. Hope this helps - Powell