Divorce Solutions

Oct 30, 2018

Question #98:If a car is given to me as a gift by my mother while I’m married, can my husband have any claim to it whatsoever, (monetarily or otherwise), if we divorce? (I live in New York.)

In the State of New York, marital properly is generally defined as any property or asset acquired during the course of the marriage, regardless of in whose name the property is held, except for property received by gift or inheritance. Therefore, if your mother expressly gives you the car, and the car is registered in […]

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Oct 30, 2018

Question #97:I am due to inherit (as beneficiary on bank accounts and as Trustee of a Family Trust) a large sum of money upon the death of my mother. Naturally, I’m writing because my marriage is looking more and more like a ship off course…My question: Should I inherit the monies mentioned above, keep them in accounts only in my name (perhaps my children’s names as well), and keep a paper-trail showing the money was inherited, will it be safe should a divorce ensue – even several years from the date of inheritance?

You have the exact right idea! As long as you keep all of the inheritance, including all assets, stocks, money etc. inherited in separate accounts, not co- mingled with your marital assets, and keep them in your name, those assets will remain separate property, not marital property, and will not be subject to division upon […]

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Oct 30, 2018

Question #96:I have been married for 22 years. I moved out in March 2002 to live with and care for my terminally ill Mother who has just passed away. He has discussed divorce many times. Now he’s stalling. My Mother left me her estate. If the divorce isn’t started, is he entitled to this estate as part of a settlement? I live in New York.

As long as you maintain the estate property (including any cash, stocks or other financial accounts) in separate accounts and not co- mingled with your marital accounts and assets, and keep the account solely in your name, they will remain separate property and not marital property, and not subject to division upon divorce. I strongly […]

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