Legal Question in Family Law in Washington

Will an inheritance I'm receiving soon have to be split in the divorce?

I�m 57. I will soon be inheriting a $650,000 house. Because it's in

El Segundo, CA it's ridiculously over priced for a small 3 bedroom,

50 yr old home.

My husband of 38 years is educated and earns $80k. I am not

educated or experienced in anything other than taking care of his

every need.

I need to live in that house, NOT sell it. The taxes, due to prop. 13,

are only $600.00 per year & there's no loan on it.

Is he entitled to half of my inheritance? Will my inheritance be

considered in our property split causing him to take more than half

of our joint assets?

He's walking away with the education, career, and ability to live

well. I, on the other hand, am a 57 yr old woman with no

marketable job skills. .

Also, is there any way to know how much alimony I might get? Is

there a scale whereby I can see how much a wife of 38 years is

entitled?

Thank you


Asked on 11/10/04, 9:22 pm

1 Answer from Attorneys
Christopher Steuart IT Forensics, Inc.

Re: Will an inheritance I'm receiving soon have to be split in the divorce?

Inheritances are generally considered separate property unless there is something that would make it community property, e.g. a bequest that named you and your husband. As separate property it may be considered in the court's decision on how to divide property, debt and whether, how much and how long to award spousal maintenance.

Spousal maintenance is made on a case by case basis, and unlike child support there is no schedule that it is taken from. The best I can say in general is that the longer the marriage and the greater the disparity in financial capability the more likely, the larger the amount, and the longer the duration it can be. All of these are factors are considered: current and prospects for future income, property and debt. In many cases spousal maintenance is for the purpose of assisting a spouse in becoming more finacially capable (going to school, starting in the work world or starting a business).

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Answered on 11/11/04, 12:18 am


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