Page 3 of 4

Re: Wife got inheritance a year ago, now I’m out.

Unread postPosted: Wed Oct 25, 2017 11:14 am
by Chaos
lovingfatherof2 wrote:I don't know about your state but in mine you are entitled to half of EVERYTHING, including the inheritance.

You need a lawyer, too much money on the line not to.


In his state inheritances are separate property.

Re: Wife got inheritance a year ago, now I’m out.

Unread postPosted: Wed Oct 25, 2017 11:16 am
by afc
Chaos wrote:
lovingfatherof2 wrote:I don't know about your state but in mine you are entitled to half of EVERYTHING, including the inheritance.
You need a lawyer, too much money on the line not to.

In his state inheritances are separate property.


His 401K and pension on the other hand......

If you both hate each other, no kids, why make this more difficult?

Re: Wife got inheritance a year ago, now I’m out.

Unread postPosted: Wed Oct 25, 2017 11:23 am
by Chaos
His 401k and pension are community property.

The fact that she's putting community property into the same account as her inheritance complicates things, but doesn't make her inheritance community property. As long as she can trace the sources, and she's not unrepresented, she'll end up keeping it, including the gains.

Re: Wife got inheritance a year ago, now I’m out.

Unread postPosted: Wed Oct 25, 2017 12:27 pm
by Linescrew
She has a 401 and Roth, both since we’ve been married. I know I’m entitled to half of those which just about make my pension and 401 a wash. Upon further examination she has been depositing money into her 401 only. So the inheritance is still separate at this point.

Re: Wife got inheritance a year ago, now I’m out.

Unread postPosted: Wed Oct 25, 2017 2:34 pm
by Chaos
That makes it simpler. The inheritance and it's gains are separate. Everything else, divide by two.

Re: Wife got inheritance a year ago, now I’m out.

Unread postPosted: Wed Oct 25, 2017 3:03 pm
by Linescrew
The business ?

Re: Wife got inheritance a year ago, now I’m out.

Unread postPosted: Wed Oct 25, 2017 3:04 pm
by Chaos
Yup. At this point it's community property. Divide by two.

ETA: that's the nice way to do it. You might be entitled to a greater percentage of the martial assets because she has a lot of separate property. I hope you're not doing this without an attorney.

Re: Wife got inheritance a year ago, now I’m out.

Unread postPosted: Wed Oct 25, 2017 3:42 pm
by Linescrew
No attorney yet, if the need arises, definitely. Must say she and I have both been divorced before so it’s not new to us.

Re: Wife got inheritance a year ago, now I’m out.

Unread postPosted: Wed Oct 25, 2017 4:25 pm
by CentralORdad
Linescrew wrote:No attorney yet, if the need arises, definitely. Must say she and I have both been divorced before so it’s not new to us.



You are on this forum discussing divorce and assets/liabilities. The need has already arose. Protect yourself.

I've talked to people that have gone through multiple divorces... And they still dont have a clue what they are doing wrong.

Re: Wife got inheritance a year ago, now I’m out.

Unread postPosted: Wed Oct 25, 2017 4:31 pm
by Linescrew
LOL thank you very much. I no doubt will get an attorney to protect myself.