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taradara · Jul 8, 2008, 01:21 PM

I need some advice quick. My husband and I separated in May of 07. After a few weeks of being separated his grandmother put me in her will after taking him out of it. We have not gotten back together and just after a year we are almost through our divorce. His grandmother sadly passed away in January of 08. Now he ( my soon to be ex) wants half of my inheritance. Does he have a right to it? It is in my name only.

JudyKayTee · Jul 8, 2008, 01:47 PM

Originally Posted by taradara

i need some advice quick. My husband and I separated in May of 07. After a few weeks of being separated his grandmother put me in her will after taking him out of it. We have not gotten back together and just after a year we are almost through our divorce. His grandmother sadly passed away in January of 08. Now he ( my soon to be ex) wants half of my inheritance. does he have a right to it? It is in my name only.

No, it's your individual property. He will probably argue it's community property, obtained during the marriage, but I think he will lose.

Where are you in the divorce process - you say "soon to be ex" - do you have a Court date or are you waiting for a Court Order - ?

Fr_Chuck · Jul 8, 2008, 02:07 PM

Most likely no he will not get it, but to be honest he can ask for it in court, so be ready to defend yourself, notify your attorney so they can prepare for it in court

JudyKayTee · Jul 8, 2008, 02:25 PM

Originally Posted by Fr_Chuck

Most likely no he will not get it, but to be honest he can ask for it in court, so be ready to defend yourself, notify your attorney so they can prepare for it in court

I would "guess" husband will attempt to use this as a bargaining chip -

taradara · Jul 9, 2008, 11:48 AM

We have a court date for August.. which should be our last date. He also finds out the week before that how long he has to serve in Jail or prison for an arson he committed after we separated. He has tried to use it as a bargaining chip but really.. I have four children, two which are with him. He doesn't need the money where he is going and I can use it as his grandmother knew.

cdad · Jul 9, 2008, 12:06 PM

What state are you in ? That may also make a difference. States like Cali have legal separation at the beginning steps of a divorce. If your state is simaler then he wouldn't be entitled to anything because it occurred after you were separated. That's really the issue. Some states do allow for community property even if it is an iheritence but that would normally have to occur during the marriage. Separation is almost like limbo as far as the law is concerned. Even though your divorce isn't final your still married but then again your separate entities. ( like I said Limbo )

taradara · Jul 9, 2008, 12:18 PM

I live in New hampshire. And like I said she put me in her will after she knew I was separated from him with a one year restraining order. She took him out of the will to put me in it.

cdad · Jul 9, 2008, 12:28 PM

Originally Posted by taradara

i live in New hampshire. And like i said she put me in her will after she knew i was separated from him with a one year restraining order. She took him out of the will to put me in it.

Here is a website that talks about the laws of your state.

New Hampshire Divorce Source: State Divorce Laws: New Hampshire

Having looked at that the inheritance should be separate property but as the law states there is no mandate as to what the outcome will be.

Property Distribution: Since New Hampshire is an "equitable distribution" state, the marital property shall be divided in an equitable fashion. Equitable does not mean equal, but rather what is fair. The court will encourage the parties to reach a settlement on property and debt issues otherwise the court will declare the property award.

So talk to your lawyer and if you don't have one you may need one to get through this. I recommend you find one to get the protection you need.