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    krn0309's Avatar
    krn0309 Posts: 5, Reputation: 1
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    #1

    Oct 5, 2009, 02:04 PM
    Inheritance and divorce
    A friend of mine's soon to be ex-husband inherited money while they were married (15 years). They are now divorcing. They have 2 children. The money was used during the marriage on different things. Now the husband is suing her for half of the inheritance. Can this be done being the money was used to benefit the whole family during the marriage? Her lawyer (who is not a family lawyer) says that he can sue her for it. Does anyone know what the law is on this?
    krn0309's Avatar
    krn0309 Posts: 5, Reputation: 1
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    #2

    Oct 5, 2009, 02:16 PM
    By the way this is in Louisiana.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Oct 5, 2009, 02:42 PM

    Anyone can sue anyone for almost anything. The question is can they win. My view is no he can't. IF he had invested the money and kept it separate, he MIGHT have been able to exclude it from the marital assets. But I can't see recovering money spent on the family voluntarily.
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    krn0309 Posts: 5, Reputation: 1
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    #4

    Oct 5, 2009, 02:51 PM
    Quote Originally Posted by ScottGem View Post
    Anyone can sue anyone for almost anything. The question is can they win. My view is no he can't. IF he had invested the money and kept it separate, he MIGHT have been able to exclude it from the marital assets. But I can't see recovering money spent on the family voluntarily.
    That's what I think-they actually used the money to purchase a house, cars, basic needs, etc. There never was a prenup signed between them either.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Oct 5, 2009, 02:55 PM

    Well, the assets that were obtained with the money will have to be split.
    krn0309's Avatar
    krn0309 Posts: 5, Reputation: 1
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    #6

    Oct 5, 2009, 04:33 PM
    Quote Originally Posted by ScottGem View Post
    Well, the assets that were obtained with the money will have to be split.
    Oh, definitely, here in Louisiana community property 50/50 if there is no prenup. They also used some of the inheritance to open an insurance business which her name is on the business along with his as owner of the business.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #7

    Oct 5, 2009, 06:20 PM

    She needs a family attorney
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    krn0309 Posts: 5, Reputation: 1
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    #8

    Oct 6, 2009, 05:09 AM
    Quote Originally Posted by Fr_Chuck View Post
    she needs a family attorney
    Yes, she does. I told her that was the 1st thing she needed to do because the attorney she has is a personal injury attorney, not a family attorney. It's fine if you agree with everything and papers are signed and it's done with, but when you have to go to court to get things settled, it's just like a doctor, you need one that is experienced in that speciality.
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